Author: info@amberhawk.com

Google, Microsoft and Yahoo! should give ground on privacy concerns.

“Googsoft!” – my shorthand for Google, Microsoft, and Yahoo! -  are clearly trying the patience of Europe’s Data Protection Commissioners. Earlier in the week, the Commissioners reported these companies to USA’s Federal Trade Commission and to the European Commission claiming that Googsoft!’s privacy practices are unacceptable. Clearly these letters are intended to have later regulatory effect (see references for URL). Yet the problem for Data Protection Commissioners is that the public have, without regard for their own privacy, lapped up

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Data protection and privacy campaigners face a hard time

A well respected privacy commentator has made a wise remark. He said of Nick Clegg’s speech as enthusiastically reported yesterday: “I'll wait to see the fine print”. Well, in my experience this cautious approach is well justified. Back in 1990s, when I was perhaps a bit more “active” than I am now, I used to brief several opposition Labour MPs on data protection issues. In opposition, there was no difficulty in raising problems in connection with data protection; however, as

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Pushing back the surveillance state

Today's speech from Nick Clegg, deputy Prime-Minister needs no elaboration from me. He said "This government will end the culture of spying on its citizens. It is outrageous that decent, law-abiding people are regularly treated as if they have something to hide". He continued "It has to stop". "1. So there will be no ID card scheme. 2. No national identity register, a halt to second generation biometric passports. 3. We won't hold your internet and email records when there is just no

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What is in the Lib-Con agreement to enhance data protection and privacy?

Whilst the UK press is focusing on the “love-in” between the Liberal Democrats and the Conservatives now in coalition government, it might be useful to put on record what the parties have agreed in their plan to “implement a full programme of measures to reverse the substantial erosion of civil liberties under the Labour Government and roll back state intrusion”. Equally important is to recognise what “did not make the cut” with respect to that agreement. Why is this important?

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EU Directive can require consent for behavioural advertising

I now am convinced that a new Directive allows Member States to introduce consent/opt-out requirements for ALL forms of electronic marketing including behavioural marketing. The only unanswered question is whether Member States offer this option to its citizens when they implement the required legislative changes by next May. However, the Directive also allows a continuation of a minimum privacy protection policy with respect to the use of electronic marketing by organisations. For example, the current position in the UK is

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ELECTION: What the parties promise with respect of privacy and data protection

Update posted 1:30pm, Friday 22nd April I have added the Plaid Cyrmu statement and the fact that the Conservatives have promised to repeal the Human Rights Act Please find in the blog coverage of all the privacy aspects from the manifestos of main political parties election; the order is Lib Dems, Conservative, Labour, and Scottish Nationalist and Plaid Cymru. The text is cut and pasted from their manifestos. I have not covered the Greens, UKIP and the rest – so sorry.

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Information Commissioner should enforce Article 8 privacy rights

For some time, I have been advocating the creation of an explicit and unequivocal link between the Data Protection Act (DPA) and the Human Rights Act (HRA). I now think that this link already exists and that the Information Commissioner (ICO) should take up cases which involve the unlawful use or retention of personal data, where "lawfulness" is assessed in the context of compliance or non-compliance with the obligation to show respect for private and family life (Article 8(1) of the

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It is Friday so here is a Data Protection Quiz

Armed with your data protection knowledge and skill, please identify what might be wrong with the following commentary found in a judgement issued this year. You can take as long as you like. "It is important to bear in mind the definition of “data” contained in s.1(1) of the Act. The email in question was neither “recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system” nor does

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Should the European Data Protection Supervisor resign?

Can you remember those intelligence test questions of the form: “X is to Y” as “C is to D?”.  Well here’s a new one: “Robespierre’s Committee of Public Safety is to democracy” as the “European Union’s Freedom, Security and Justice Directorate is to privacy”. Whereas the former willingly silenced dissenting voices by removing heads at Madame Guillotine, the latter is wilfully cutting out any basic data protection requirements when making binding international agreements. Given the considerable democratic deficit in the

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