Author: info@amberhawk.com

Resignation issue? National Security watchdog wants more surveillance of UK population

Kim Howells MP knows all about surveillance. Back in 1984, he was one of Mrs Thatcher’s unnamed “enemy within” and played a leading role in the National Union of Miners organising the Miners’ Strike in South Wales. Now, he is trusted ex-Minister who chairs the House of Commons Intelligence and Security Committee which has limited scrutiny role over the very organisations that tapped his phone and monitored his movements those 25 years ago. A curious turn of events to say

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Can publishing personal data on the Internet be unfair?

I wonder whether a Tribunal Decision confirming the Commissioner’s views in an obscure FOI Decision Notice indicates how data protection law could impact on the wider Internet? Of course, reliance on such an extrapolation has its dangers – but, the logic the Tribunal applied to this FOI request seems to apply to posting personal details on the Internet. The FOI case involved access to Court records after a trial. An applicant (who was a relative of an individual prosecuted for

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Data Protection: applying the Principles to the surveillance of a demonstration

Does it breach the Data Protection Act to process personal data about all demonstrators in order to identify those demonstrators who are also “domestic extremists”?  To answer this question, it is instructive to apply the Data Protection Principles to the photographing of a demonstration by the police. The relevant explanation of the term “domestic extremism” is found on the website of National Extremism Tactical Coordination Unit (NETCU is the Unit that is at the centre of the controversy (http://www.netcu.org.uk/de/default.jsp). Its

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Police surveillance of demonstrators misses Congestion Charge angle

This week, the Guardian has run a major exposé of police surveillance of demonstrations and of the fact that the police have amassed a photo-library of individuals, many of whom do not possess a criminal record, but who involve themselves in lawful protest. The photo-library is used to make “spotter cards”. This spotter card is a police version of those I-Spy games I used to have as a child; spot the demonstrator (or “domestic extremist” to use the official description)

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Information Commissioner contemplates unpopularity

At yesterday’s Update session in Manchester, Stephen McCartney, Head of Data Protection Promotion, at the Commissioner’s office outlined several changes to the structure of the ICO’s office and in the ICO’s modus operandi. First the Office of the Information Commissioner is being reorganised and the division between Data Protection and Freedom of Information is being removed. Instead, staff at the ICO will be expected to deal with both subjects. The new focus will be on “information rights” rather than DP or

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Data Protection: Is the 2011 census the last one of its kind?

Yesterday’s BBC news website carried a story headlined “Bedroom snooper row over census”. “For the first time”, the report says “people will be asked to provide details of the number of bedrooms they have as well as the names, sex and birth dates of any overnight guests in their homes”. “Other new questions”, the report adds “include how well people can speak English, the date overseas nationals entered the UK, how people define their national identity and whether they are

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Data Protection: Enforcement action for making false Safe Harbor claims

In a way that mirrors the undertakings signed by UK data controllers, six U.S. businesses have agreed to settle Federal Trade Commission (FTC) charges that they deceived consumers by falsely claiming they were abiding by the EU/U.S. Safe Harbor framework.  According to six separate complaints filed by the FTC, the six companies deceptively claimed they held current certifications under the Safe Harbor framework. The framework is a voluntary program administered by the U.S. Department of Commerce in consultation with the

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DNA database: the press is wrong to report a civil libertarian victory over DNA retention.

According to Monday’s Guardian: “Home Office climbs down over keeping DNA records on innocent”. On the same day the BBC reported: “The government has dropped plans to give ministers wide powers on holding innocent people's DNA data on record”.  Both news outlets reported the Government’s actions to withdraw clauses on DNA retention in terms of a victory for civil liberties. ‘Scuse me – I think these journalists have jumped the gun. The Policing and Crime Bill had proposed providing Ministers

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Data Protection: “violent markers and libel: everyone a winner except the taxpayer”

One of the things I like about our Update sessions is that you get to know what you missed. And so it was with the case of Jane Clift v Slough Borough Council (Neutral Citation Number: [2009] EWHC 1550 (QB)) – a judgment delivered in June 2009 – which deals with the “violent warning marker”. What happened was essentially this. Ms Clift reported to a council official (Ms R) an incidence of  anti social behaviour that upset her. That telephone

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Data Protection: CRB could stop misuse of irrelevant criminal data in employment vetting

I might be old fashioned, but I think it’s OK for the police to retain those criminal records they need to do their job. So I am not surprised by yesterday’s Appeal Court decision that allowed them to do so, even when there were disclosures of trivial and ancient criminal details for employment purposes. For example, the Appeal Court considered the case of HP, who in March 1984 was 16 years of age. He stole items from a display in

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