Author: info@amberhawk.com

If the European Court has established a right to be forgotten, it has also established a right to object to marketing

  Yesterday’s European Court of Justice (ECJ) Ruling which established that Google was a data controller because its search engines processed personal data has been widely reported as establishing an automatic “right to be forgotten”. This view is incorrect and in this blog, I explain why. Also overlooked in the furore is the simple matter of the right to object to marketing; this has the potential to be far more problematic for Google’s business model. The ECJ Judgment First I

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Can the Commissioner enforce the correct part of the First Principle, please?

I have just looked at the Undertaking accepted by the Disclosure and Barring Service in March 2014.  I think it represents a missed opportunity by the Commissioner to cement the concept of unlawful processing in relation to the First Principle, or to enforce the absence of a Schedule 2/3 criterion that legitimises the processing of personal data, or to reinforce the link between unlawful processing and Article 8 of the Human Rights Act. As you know, the ICO has taken

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Is the use of DNA analysers on log-on in breach of data protection law?

Am I the only one that is increasingly worried about the uncontrolled use of DNA as a biometric identifier for security devices and log-on routines? These are being introduced as part of the next development in tablets and mobile phones like the iPhone. It all started five years ago in the USA when Yale, one of the world’s leading lock-makers, started experimenting with a kind of spittoon attached to a DNA analyser and one of its advanced electronic industrial locks.

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Roll out the bunting: Durant judgment is good as dead and buried.

The spectre of Durant has haunted and stalked data protection officers for more than a decade; however, a case taken under the FOI Act has just exorcised this particular ghost. That is my conclusion from reading of the Court of Appeal decision that was published earlier this week (Edem v The Information Commissioner [2014] EWCA Civ 92). As Durant is now not the demon it was, it is important to trace the history (from Durant to Edem) to explain what

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Briefing as to the status of the Data Protection Regulation

  I thought I would write a blog that explains where we are in relation to the Regulation. Just over two years ago, the European Commission published a proposal for a Data Protection Regulation to replace Directive 95/46/EC. Following publication, the Commission’s text has been scrutinised by the European Parliament and by the Council of Ministers. Each of European Parliament and the Council of Ministers can propose amendments to the Commission’s proposals and each approves a text containing amendments to

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Should national security certificates exclude the Data Protection Principles?

  An analysis of Section 28 Certificates issued by the previous Labour Government shows that the exemptions for the national security function are excessive. The recent publication of a “memorandum of understanding” and analysis of the TfL Certificate (last week’s blog) shows that the current Government has continued this policy. It is my view, that if the national security agencies were required to apply the data protection principles, subject to appropriate exemptions and an effective system of regulation (not necessarily

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Data Protection Day: Home Secretary signs a national security certificate to permit the unacceptable

Happy Data Protection Day. This is perhaps an appropriate day to read the National Security Certificate signed by Theresa May, Home Secretary, in 2011; it involves the capture of images from Transport for London’s (TfL’s) Congestion Charge CCTV/ANPR cameras and their onward disclosure, via the Metropolitan Police, to the national security agencies. In summary, the Certificate is broadly drafted and allows for disclosures for purposes that are not necessary for the functions of the national security agencies; the drafting could

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The Campaign for Freedom of Information: a call to alms

Have you got a job with Freedom of Information (FOI) responsibilities? Well you owe the Campaign for Freedom of Information for your job. Have you got a business that gains revenue from FOI? Well that part of your business owes the Campaign too. Have you used the right of access to Health Records, Social Work Records, Education Records or Housing Records to sort out a personal problem? Well you owe the Campaign for Freedom of Information for that right of access. Have you

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Two dozen cartoons about Privacy and FOI

Oh dear. After a long break, I somehow can’t be asked. However, I have to start somewhere. One of the things we do at Amberhawk is review the last year and the year to come. We decided to refresh the web-site with a dozen or so new Chris Slane cartoons, so if you want to have a look and a Friday  laugh (hopefully), please click on Cartoons button on the blog (top left). Wishing you well; serious blogging starts next

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Leaked GCHQ Xmas Card resonates to Tolkien as Advocate General slams Data Retention Directive as breaching ECHR

  I have just received from the Dark Web, a samizdat copy of GCHQ’s Xmas card complete with cartoon from Chris Slane. The references (see below) provide a download of the complete Xmas card, which presumably can be printed out on cardboard in hard copy. I think we can assume that the card is genuine as it contains the exemption notice from the FOIA regime which I came across when I sought access to an unrestricted document (“HMG IA Standard

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