Category: Data Protection

Can the Information Commissioner assess relevance, retention and unlawful processing at GCHQ?

Whilst awaiting the arrival of another enthralling, multi-megabyte, download about the General Data Protection Regulation, I started reading the judgement (Case Number IPT 14/85/CH), delivered by the Investigatory Powers Tribunal last February.  This is one of the cases between Privacy International and Government Communications Headquarters (GCHQ) which identified some unlawful processing of personal data by the latter (see references). Paragraph 109 of this Tribunal’s judgment refers to the National Security Certificates established by Section 28 of the DPA;  it states:

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Harmony? What harmony! Disharmony extends to one-third of the Data Protection Regulation

The final version of the European Data Protection Regulation (Council of Ministers text) is now published (on June 15). The official version however does not contain the 649 paragraphs of scrutiny reservations which shows the degree of disagreement between Member States; I have made both available (see references). In summary, the Council of Ministers' version of the Regulation contains many carve outs for Member States; it would allow them to implement the data protection legislation with a considerable degree of “flexibility”.   Such Member State flexibility can be

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What can my organisation do to prepare for the Data Protection Regulation?

Since January 2012, a spectre has been haunting Europe; the spectre of the European Commission’s Data Protection Regulation.  Now the legislative finishing post is in sight and the timetable for the final set of discussions set (see references), what can data controllers and data processors do to prepare? As I am speaking on this subject at the forthcoming Data Protection Forum/NADPO meeting in London (on Friday), I thought it would be useful if I wrote the main points up. The

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Government’s policies on privacy and data protection have a SNP twist

Now that last week’s General Election is done and dusted, what can we expect with respect to data protection from the new majority Conservative Government?  In summary, there is much in the first year program that could impact on privacy. In addition, given the SNP landslide in Scotland, there is the interesting question of whether or not Scotland will emerge with more privacy protection than the rest of the UK. The European “in-out” referendum After a negotiation, the Government intends

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Tripartite version of the Data Protection Regulation leaked

Statewatch, bless them, have liberated 630 pages of the four column Data Protection General Regulation text that lists the Commission’s original text, the European Parliament’s changes, the Council of Ministers' version and a fourth column for the compromise that will be imposed on us all. Assuming agreement by the Council of Ministers in June, it is this 4 column version that goes into forthcoming the secret tripartite negotiations; a practice which is coming under scrutiny by the European Ombudsman. Perhaps the Ombudsman can

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Party promises on Data Protection, FOI, Digital rights, Human Rights, Leveson and mass surveillance

At great risk to my mental health, I have extracted the relevant parts of the Party Manifestos.  Here they are without comment. URLs for each manifesto is at the end; address of my psychiatrist available on request.  CONSERVATIVE There is no explicit mention of data protection, freedom of information or privacy. “The next Conservative Government will scrap the Human Rights Act, and introduce a British Bill of Rights. This will break the formal link between British courts and the European Court

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Confirmation that the Data Protection Regulation reduces protection for data subjects from Directive 95/46/EC

It appears that DAPIX civil servants are burning the midnight oil in an attempt to agree a draft text of the Data Protection Regulation which can be put before the Council of Ministers at its June meeting. Such a Ministerial agreement would then trigger tri-partite negotiations with the European Parliament and the Commission with the objective of producing a final text of the Regulation (my guess is still January-March 2016; implementation early 2018). To get to a June agreement, the

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GCHQ to offer email services and obtain consent for mass communications data retention

One of the papers published by the Intelligence and Security Committee (ISC) with its report into “Privacy and Security” contained a five-page memo from GCHQ’s legal advisers (see last week’s blog and references).  It suggests that the secret organisation is about to offer email services to the public in order to allay concerns about the mass retention of communications data. I have checked with a leading domain name registration company, and it appears that the first steps have already been

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Intelligence and Security Committee ignore the Data Protection Principles in its attempt to restore public trust in bulk data collection

Suppose you are on a jury in a case about tax evasion.  What would you think of a defence on the lines: “the accused did not seek to circumvent the law”?  Would you accept this statement and return a not-guilty verdict? Well this, in summary, is what the Intelligence and Security Committee (ISC) has done.  In its press release associated with its report ‘Privacy and Security: A modern and transparent legal framework’, the ISC states: “The UK’s intelligence and security

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Development of a Scottish Population Register/ID Card Scheme is subject to ICO criticism

In January,  I published a blog on how the Scottish Government were consulting on plans to transform the current NHS Central Register (“NHSCR”) into a population register without much thought about the Data Protection Act (DPA). The ICO has just published a contribution to that consultation  process that, when you strip away the diplomatic language, comes to a similar conclusion. What I did not know at the time of writing the blog was that there was a flourishing “Entitlement Card”

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