Author: info@amberhawk.com

Proposals to expand Central NHS Register creates a national population register and significant data protection/privacy risks

[Note added 17/3/2017: The proposal is no longer going ahead: See Question S5W-07384 of 21/02/2017 "Ministers have listened carefully to the arguments"   …and do not intend to take forward the proposal.] I thought the idea of a centralised, national population register was well and truly dead? Well the Holyrood SNP Government wants to resurrect a Scottish version. The Scottish Government’s plans are outlined in a document entitled “Consultation on proposed amendments to the National Health Service Central Register (Scotland) Regulations 2006”. The

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Amberhawk Training Schedule Winter/Spring 2015

 1. DATA PROTECTION BCS PRACTITIONER QUALIFICATION: The next standard DP courses are in London (starts 20 January 2015) and in Leeds (starts 22 April);  the next intensive DP courses are in Edinburgh (starts 9th March 2015) and London (starts 28th April)  2. NEW DATA PROTECTION BCS FOUNDATION QUALIFICATION:  we are delivering the new BCS Foundation Course in Data Protection syllabus in London (16, 17 and 18 March). This 3 day course is intended to ensure that the team that supports

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Italian Data Protection Regulation text exposes Member States disharmony; risk of weaker protection for data subjects increases

Xmas has come and to get you in the festive mood, I present a link to 232 pages of gripping holiday reading. Forget all those TV repeats over the holiday period; in the forthcoming break why not snuggle down with the latest DAPIX version of the Data Protection Regulation which identifies the current thinking of Member States. I have made two preliminary conclusions: • I think that the Data Protection Regulation will not be agreed until the end of 2015 (if that); this

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What does the ECJ Ryneš ruling mean for the Domestic Purpose exemption?

As expected the European Court of Justice (ECJ) judgement on the domestic purpose exemption followed the Advocate General’s reasoning (see my previous blog). The Court concluded that personal data collected from a public space by a home CCTV system (e.g. from the road outside the home) does not qualify for the domestic purpose exemption. This blog explores what I think this judgement means in practice (e.g. for householders, the insurance industry). In summary, like any other CCTV, “domestic” CCTV surveillance has now

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D-Day for the Domestic Purpose exemption and the use of CCTV installed at home

I was just explaining to my psychiatrist that December 11th this week will be a very exciting day for data protection aficionados. The European Court of Justice (ECJ) is about to make a second landmark judgement on the Domestic Purpose exemption (Section 36 of the Data Protection Act) and whether or not the Act should apply to domestic CCTV installed to protect the home. Currently the ICO believes that the domestic purpose exemption does apply, but if the ECJ follows

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Protecting privacy and identity in the GOV.UK Verify scheme

For the last two years I've been working with colleagues in the Cabinet Office's Privacy and Consumer Advisory Group to develop privacy principles for the government's online identity assurance programme. This is now close to launch, and got some front-page attention in The Times on Monday. Here is the just-published letter we sent to the newspaper with more details. The Government Digital Service has also published a response. Sir, Today’s Times (4/11/2014) front-page story contains an error: “Virtual ID for

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European Commission raises infraction threat to UK on failing to implement Directive 95/46/EC properly via the Data Protection Act

All through the New Labour Surveillance decade (and through to the current Snowdon revelations), Parliament and public have been deliberately kept in the dark as to why the UK’s Data Protection Act (DPA) is not a proper implementation of Directive 95/45/EC. What is wrong with this implementation? It’s an official secret. However, the MoJ have just told me (see references) that the deficiencies are apparently so great that the European Commission is still thinking of infraction proceedings. The above, of

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National security agencies should be subject to Data Protection law.

Yesterday, the Intelligence and Security Committee held a round-table on privacy and national security; in particular in relation to the Snowdon revelations and possible changes to the law. So this is a good excuse to publish my written evidence to the Committee. It is on the lines that the Data Protection Act should apply to the processing of personal data by the national security agencies. Historically the national security function was made exempt from the Data Protection Act 1984 probably

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Push for new data sharing powers as Law Commission’s data sharing report is shelved

I suspect the Government is going to ditch the Law Commission recommendations on data sharing; this is because it wants a quick implementation of its own extensive data sharing proposals. In short, general data sharing powers are now on the political agenda again. This is the third time in a decade that Government has tried to obtain data sharing powers that apply in circumstances unconnected with the usual suspects (e.g. data sharing in relation to crime, national security and law

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Conservative policy towards the Human Rights Act has serious consequences for privacy and freedom of expression

According to most of the broadsheets, if there is a Conservative Government after the next General Election, the European Court of Human Rights will no longer be able to overrule British courts. Under plans to be unveiled tomorrow (Tuesday) at the Conservative Conference, Chris Grayling, Secretary of State at the Ministry of Justice, is expected to state that a future Conservative Government will introduce legislation that ensures that Human Rights cases are determined by Britain’s Supreme Court and not judges

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