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Documents that are available to download

Data Protection

Response to COM(2010)609 concerning Data Protection Directive 95/46/EC - 2011
The document contains comments on how to make European data protection legislation more effective (e.g. improved definition of “personal data” and “sensitive personal data”, link to Article 8 of the Human Rights regime, supervision of law enforcement agencies and implementation of the Accountability Principle).

Changes to the Data Protection Directive 95/46/EC - 2010
The document contains comments on how to improve the Data Protection Act 1998, and provides several references as to how the legislation can be improved without waiting for agreement on a revised form of Directive 95/46/EC

Personal data and the DNA database - 2010
The article explains why the indefinite retention of DNA personal data on criminals as supported by all UK’s political parties will result in a database that will span most of the UK population, and raises other questions that should be at the heart of the DNA retention debate – but they are not.

Privacy and electronic communications - 2010
The documents contains comments on the modifications to Directive 2002/58/EC introduced by Directive 2009/136/EC. Important areas analysed are: electronic marketing, use of cookies and reporting data losses. Member States can introduce consent requirements for behavioural marketing.

A critique of Google’s combined Privac Policy - 2012
The analysis shows that Google’s Privacy Policy is incoherent because it uses overlapping terms and difficult to follow. The analysis also confirms the claim of the CNIL that the Privacy Policy is in breach of the Data Protection Directive and would be in breach of the USA’s Safe Harbor Principles. As the Privacy Policy states that “Google complies with the US-EU Safe Harbour Framework”, I show that this claim cannot be substantiated if Google’s new Privacy Policy is implemented.

The Undertaking - 2010
An “Undertaking” is increasingly used by the Information Commissioner as part of his enforcement of the Act. The article considers the implications for data controllers, the lack of an appeals mechanism and the extension of “Undertakings” to breaches of any data protection principle.

Data sharing protocol checklist - 2009
This document contains a useful checklist of issues that allows data protection officers to assess their data sharing protocol

DNA retention and the data protection - 2010
Evidence to the Parliamentary Joint Committee of Human Rights with respect to the provisions in the Crime and Security Bill that relate to the DNA database.

Reclaiming Privacy on the Internet - 2009
This document describes how individuals can protect their internet browsing by engaging a data protection regime; IP addresses and URLs linked to user sessions can be transformed into personal data at any time by the user

MPs Expenses - 2009
This document provides evidence for those who argue that the current constitutional crisis focused on MPs expenses should be broadened to include consideration of the role of Parliament because Parliament can no longer scrutinise Government effectively

Evidence to JCHR re powers in Police and Crime Bill - 2009
Clauses give Home Secretary control over regulation, retention and use of DNA database, CCTV, & ANPR images.

Information Sharing Orders - Evidence to the Joint Committee on Human Rights - 2009
How Information Sharing Orders undermine the Data Protection Act.

Document discussing the relationship between the Human Rights Act/Data Protection Act and the DNA database - 2007
Given to the team acting on behalf of Marper for the case presented before the European Court of Human Rights

The APEC Privacy Framework and data protection - 2008
Explains why the APEC Framework is deficient in European Data Protection terms (e.g. Directive 95/46/EC)

Evidence to the Constitution Committee in its inquiry into the Surveillance Society (Part 1) - 2008
Explains why Parliamentary scrutiny of privacy matters is weak

Evidence to the Constitution Committee in its inquiry into the Surveillance Society (Part 2) - 2008
Shows that Parliament was not informed (probably misled) as to the wider use of the National Identity Register for general public administration purposes

Nine principles for assessing whether privacy is protected in a surveillance society (Part 1) - 2008
The article explains why the current framework of privacy protection in the UK is deficient.

Nine principles for assessing whether privacy is protected in a surveillance society (Part 2) - 2008
The article sets out nine principles that rectify the problems identified in Part 1 and promotes specific improvements to the data protection/human rights regime

CCTV – and data protection - 2007
Focuses on ACPO CCTV strategy and OIC Code of Practice

Evidence given to the House of Commons Health Select Committee - 2007
Relating to Data Protection and the Electronic Patient Record

A draft blueprint for the next generation of data protection - 2007
Implementing the ideas of Lindop Committee who suggested in 1978 that data protection compliance should be based on Codes of Practice.

Royal Society of Engineering's discussions on the Surveillance Society - 2006
Evidence to "Dilemmas of Privacy and Surveillance"

Brief on the DNA database prepared for Marper’s legal team, prior to the ECHR case - 2007
Comments in relation to the questions posed by the ECHR in the case of S. and Marper v the UK (application 30562/04 & 30566/04) and which relate to the application of data protection law to the retention of DNA personal data.

Evidence: Human Rights Legislation and Government Policy towards national security - 2006
Explores data protection in the context of Parlimentary scrutiny, data protection, human rights terrorism and national security

Computer Misuse Act 1990 - 2004
Evidence to Parliament that argues that there should be a statutory obligation placed on organisations to maintain adequate security procedures as well as increasing the penalties for wrong-doers

Data Protection and e-marketing - 2003
Worries about the nature of the telecommunications Directive as it applies to e-marketing

Entitlement Card and data protection - 2003
Response to consultation documents and how the Entitlement Card presents problems in relation to privacy

Written evidence to the House of Commons Select Committee monitoring the Department of Culture - 2003
Argues that Article 8 (respect for private and family life) should be integrated with the Sixth Data Protection Principle without upsetting the press.

Data Protection and Telecommunications - 2003
Relating to the policy of the retention of communications data and its wider use authorised by RIPA

Self assessment data protection manual produced for the European Commission by Chris Pounder when he was employed by Cap Gemini - 1998
The text is also on the European Commission data protection web-site

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