Author: info@amberhawk.com

Catoon to celebrate the Internet

                                                                                           ©Chris Slane Advert:  UPDATE session, April 11th, Central London: a snip at £195+VAT. Automated booking available on www.amberhawk.com Programme “What might a new data protection regime look like? What might the main changes be?”; Stephen McCartney, Strategic Liaison Group Manager, ICO "Freedom of Information decisions on the personal data exemption"; Sue Cullen, Amberhawk "Legal Update (Article 8, Enforcement and Data Protection Act)"; Rosemary Jay, Partner, Pinsent Masons "Data Protection from the other end of the telescope: a view from

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RIPA changes in Freedoms Bill: negligible improvement in privacy protection

The “Protection of Freedoms Bill” has a wholly misleading title; the legislation simply does not do what it says on the tin.  The CCTV provisions (see blog of 16/2/2011) have more to do with efficient surveillance rather than privacy protection, and in my last blog (3/3/2011), I reviewed the Information Commissioner’s concerns re the use of personal data in DNA profiling or in vetting. For completeness, this blog addresses the additional privacy protection afforded by the proposed changes to the

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ICO evidence identifies data protection concerns over Freedoms Bill

The Information Commissioner (ICO) has just published a critique of the Home Office’s Freedoms Bill, which is being sold to the public as reining-in New Labour’s surveillance state. This blog reports on this critique (for a copy, see references). Although there is general applause for the fact that the Government has recognised that there has been excessive intrusion into privacy, the ICO’s analysis points to a number of serious deficiencies. I report most of these difficulties mainly in the Commissioner’s

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European Commission explains why UK’s Data Protection Act is deficient

 The European Commission has released details as to why it sees the UK Data Protection Act as an improper implementation of Directive 95/46/EC, so much so, that it is considering infraction proceedings. Correspondence between the Commission and the UK Government has been exchanged, and despite the possibility of litigation, very little has been published or explained to MPs or MEPs. Hence the “liberation” of information from the Commission about these infraction proceedings is very timely. It is also the

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Protection of Freedoms Bill promotes efficient CCTV surveillance not effective privacy

The hype surrounding the CCTV/ANPR provisions in the Protection of Freedoms Bill is misplaced. In fact, I would argue the Bill’s provision for a Statutory Code of Practice in the CCTV area represents little change on the privacy front, but a huge change in the potential for enhanced surveillance. A statutory code of practice covering CCTV/ANPR is to be produced by the Home Secretary and regulated by a new “Surveillance Camera Commissioner”. The Code’s application is limited to policing bodies

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Ignored notification requirements cast doubt about Sensitive Personal Data

Directives often contain a notification provision which place each Member State under an obligation to report certain activities to the European Commission. Following a FOI request to the Commission, it has emerged that the UK Government has ignored its notification obligations in relation to the Data Protection Directive; this raises the general question of whether notification requirements in Directives are effective. With respect to the processing of sensitive personal data without the consent of the individual concerned  (e.g. processing details

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Why the PNR Directive is disproportionate and does not protect privacy

Last week the European Commission unveiled its proposal for a Directive that allows for the interchange of Passenger Name Records (PNR) relating to all air travellers flying internationally within the European Union. Surprisingly, the drafting of the Directive reveals that it is disproportionate! When you first look at the Directive, with its emphasis on the use of PNR records in relation to “terrorist offences” or “serious transnational crime”, the first response is: “that’s OK with me”. Even when there is

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How the Information Commissioner would improve Data Protection law

Last Friday, data protection day, was commemorated with a meeting organised by the Ministry of Justice in Whitehall. At that meeting, David Smith, the Deputy Information Commissioner (“D. I. C.”), reviewed the Information Commissioner’s wish list of changes to data protection law. This blog reports on the content of that list. Regulation or new Directive Speaking to “very well informed sources” at a break in the meeting it became clear that the UK Government wants the changes to data protection

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Cartoon to celebrate Data Protection Day

                                                                                                                          ©Chris Slane Spare a thought for all ISEB data protection delegates – they are sitting the exam today.  

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Clues to the content of a new Data Protection Directive

What does future legislation in the field of privacy and data protection look like? An idea can be garnered by looking at the common ground between privacy advocates such as Privacy International (PI), academic groupings such as Cyberspace Law & Policy Centre at the Faculty of Law of the University of New South Wales (CLPC), and Regulators such as the Information Commissioner (ICO) and the European Data Protection Supervisor (EDPS). All these groupings want a definition of personal data that

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