Author: info@amberhawk.com

Shortfalls in the Data Protection Act 1998, identified.

We have just published on the website our response to the Government’s consultation on the Directive. However in our response, we have identified the issues in the context of the Data Protection Act 1998 so readers can see what the main problems are. There should be an extension of the Accessible Records definition to include employment records so that manual information on employees gain full protection from the Act. This would close an obvious loophole at a time when public and

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Labour’s privacy legacy: 1 in 50 subject to communications surveillance

At the moment, we are all being bombarded with numbers associated with New Labour’s financial legacy. Well there is another number which reveals a further legacy of the last administration. Under New Labour, for each UK citizen in the last year (i.e. you), there was a 1 in 50 chance that your communications could have been accessed by the law enforcement and national security authorities. This translates into a “Governmental Annual Surveillance Probability” (known as the “GASP”) of at least

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Spending Review? Why not axe the Information Commissioner?

I have come to the conclusion that there is a credible argument to scrap the Office of the Information Commissioner. “No” I have not lost my marbles. Nor have I received a backhander from Google to fund our new Amberhawk web-site. This is a credible argument that can be made, especially at a time when deep public sector cuts are going to be announced next Wednesday. As you know, the Minister for the Cabinet Office, Francis Maude MP, blows hot

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Project Champion Report misses the target when discussing CCTV surveillance, privacy and data protection

Yesterday, the Chief Constable of West Midlands went on TV to apologise for its plans to undertake comprehensive and overt CCTV surveillance of all cars and individuals who entered or left the Sparkhill area of Birmingham. This apology is even though “No cameras associated with the Project have ever been used” and the publication of an investigation into “Project Champion” by the Chief Constable of Thames Valley Police (see references for details). Having read the report, I think Project Champion

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Coalition Government chooses to minimise privacy protection against spammers and behavioural advertisers

Last week, the Government published its ideas as to how it would implement the changes to EU Directive 2002/58/EC. In relation to spammers and behavioural advertising it has decided to keep the low privacy standards that were acceptable to the previous New Labour government. The changes discussed in the consultation (see references) are modifications to Directive 2002/58/EC introduced by the need to implement Directive 2009/136/EC. These new provisions have to be brought into UK law by 25th May next year

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Police legal advice says there is full RIPA protection for unread spam (but no privacy protection for your confidential archive)

The voice-mail hacking incident is still exercising MPs – especially the Labour ones who did little to protect individual privacy in its decade in power (see last week’s blog). So when Assistant Commissioner John Yates of the Metropolitan Police Service (MPS) gave evidence on “Specialist Operations” to the Home Affairs Select Committee (last week), MPs on the Committee took the opportunity to ask a range of questions about the lack of prosecutions re such hacking. Mr Yates’ answers reveal that

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Custodial offence for deliberate invasion of data protection? Forget it!

I must confess that I find it rich that New Labour Ministers, who were in Government for more than a decade, are now huffing and puffing about their “phone inboxes being hacked”. The sad truth is that, in Government, they could have done a great deal to protect individual privacy by making such hacking a custodial offence. In short, they failed to implement an offence that would have extended to a very large number of situations – well beyond the difficult issue of

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Data Protection: the use of the Internet to vet employees or job applicants

According to a new proposed German law, it will soon become unlawful for employers in Germany to look at their Facebook profiles of prospective employees. Given that use of the Internet to vet job applicants appears to be on the increase, it might be useful to summarise the application of the current UK data protection law, should an employer search the Internet for details of a “data subject” whether that data subject be a current employee or prospective employee. As

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Data Protection and surveillance: swopping the speed camera for ANPR?

When on holiday in the Dordogne two weeks ago (feels like two months now!), I picked up a Sunday Times newspaper which stated that the Government was reducing grant-funding for speed cameras. This was given the “thumbs-up” by the paper which reported that many motorists see such cameras as a tax first and a life-saver second. Some speed cameras are already history. Conservative controlled Swindon Borough Council switched off its cameras in April this year, whilst a funding shortfall of

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