Author: info@amberhawk.com

I have been taken to the Promised Land and seen our data protection future

I have just attended an interesting (and partly depressing) data protection event which considered the implementation of the Data Protection Regulation. The European Commission’s spokesperson (Paul Nemitz) signalled an inflexible approach towards the implementation of the Data Protection Regulation; he stated that he would consider amendments that make the Regulation work better but not those amendments that were based on alternative (and better) ideas. At the meeting Mr Nemitz pointedly said that in Germany there is a high level of

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Facebook passwords and employment: why data protection works and Facebook’s promise to take legal action to protect privacy doesn’t

The Huffington Post has recently published a story that begins thus:  “When Justin Bassett interviewed for a new job, he expected the usual questions about experience and references. So he was astonished when the interviewer asked for something else: his Facebook username and password”. So what would you do in such circumstances? And what would the data protection implications be if this happened in the UK?  The conclusions I have reached is that the UK Data Protection Act would apply

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The Commission’s Data Protection Regulation: weaknesses from the data subject perspective

Next week, the ICO is holding a meeting to discuss, in detail, the Regulation as published by the European Commission. So, I have decided to publish our comments on the Regulation (see references) and use this blog to provide a summary of the key points. The comments I make focus on how the Regulation can be improved from the data subject perspective. This is because the initial “Call for Evidence” by the MoJ was more like a “Call for Ammunition”, where the

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EU’s Data Protection Regulation: divisions exposed as Member States show disharmony.

 DAPIX is the Working Party on Information Exchange and Data Protection where delegations of civil servants from Member States discuss the European Commission’s Data Protection Regulation. The minutes of the meeting held on 23-24 February shows that there are deep divisions as to the content of the Regulation; in fact, the minutes record that only “a few delegations supported the Commission in its choice of a Regulation”. I can also reveal the Commission’s “hoped-for” timescale for the discussions about

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Google’s Privacy Policy: incoherent and does not meet the standards of the USA’s own Safe Harbor Principles

Google’s new combined Privacy Policy (March 2012) has been widely criticised by privacy professionals and Data Protection Authorities (in particular the CNIL – the French Data Protection Authority). However the reasons for this criticism have been made in general terms; the analysis I have published (see references) provides a detailed explanation. The analysis shows that Google’s Privacy Policy is incoherent because it uses overlapping terms. This makes the Policy difficult to follow or to understand what type of information the

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Internal investigation into a Monetary Penalty Notice has to be released under FOIA

Public authorities should be prepared that, if they are subject to enforcement action by the Information Commissioner  (e.g. Monetary Penalty Notice, Undertaking, Audit, Enforcement Notice etc), that internal reports into why the action was taken might become the target for FOI requests. This is the outcome of a recent Decision Notice involving the London Borough of Ealing. Implicitly, the ICO is signalling that he thinks such reports and investigations should be published where practicable. In February 2011, Ealing Council reported a

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Enforced Subject Access to medical data raises its ugly head in the insurance industry

There is a dispute between the British Medical Association and the insurance industry over payments for GP medical reports concerning the health of claimants and the underwriting of insurance. The result is that some insurance providers (e.g. Legal and General) are resorting to a variant of enforced subject access. This trend is likely to continue, especially if Government plans to provide patients with on-line access to their own health records come to fruition. I can see many organisations being tempted to

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MoJ asks for arguments to oppose the European Commission’s Data Protection Regulation

Quick blog as I am teaching most of the week; but the headline says it all. A colleague of mine went to a lecture on the proposed Data Protection Regulation two days ago (organised by Field Fisher Waterhouse -  the city law firm that employs data protection stalwart Stewart Room and which hosts meetings of the National Association of Data Protection Officers – a information law grouping which has expanded its interest to cover FOI and RIPA issues as well).

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Could the Information Commissioner have stopped the use of ex-directory numbers by the press?

You have probably skimmed section 32 of the Data Protection Act, and seen that the exemption negates the application of all the Principles (except the 7th) and most of the data subject rights, if personal data are processed for a journalism purpose and if the processing is necessary with a “view to publication” of the personal data. You also probably have drawn the conclusion that there was not much data protection to be had, given the scope of this exemption

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EU Data Protection Regulation breaks explicit link with “privacy” and Human Rights.

The Data Protection Regulation intended to replace Directive 95/46/EC has broken the very explicit link to Article 8 of the European Convention of Human Rights. It has also replaced the “right to privacy” with “the right to the protection of personal data” (which I will shorten to the "right to data protection"). Article 1 of Directive 95/46/EC to be replaced, defines its purpose in these words: “In accordance with this Directive, Member States shall protect the fundamental rights and freedoms

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