Category: Data Protection

Why the Data Protection Regulation is likely to provide a lower level protection than Directive 95/46/EC

This blog explains why I think the Italian text of the Regulation published just before Xmas is likely to provide data subjects with a lower level of protection than Directive 95/46/EC or even the current Data Protection Act 1998 (DPA). In the blog, I raise four areas to make the case: A carve out for the public sector (this allows Member States to legitimise processing that otherwise could be in breach of a data protection requirement). The “risk based” approach

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Materials to help you laugh, learn and chill

Just a brief blog to highlight three short (very good) videos (two minutes each) and a news item that explore common problems associated with privacy policies. • The first clip is “If your APP was a shop assistant”; it is in Danish with subtitles (so if you watched ‘The Killing’, ‘The Bridge’ or ‘Wallander’ you will have no problem)”:  http://www.consumersinternational.org/news-and-media/news/2015/01/dcc-video-launch-digital-privacy/ • The second one I have entitled “I really like that free phone APP…..”; it is particularly relevant to those who tick

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When are personal data not personal data? The answer may be the solution for maintaining privacy in the Cloud?

Musing over the definitions again – there are worse habits you know! Suppose you have a data controller who holds personal data and uses an IT company to process the data and suppose further, the IT company does not have access to any identifying details (i.e. the controller retains ALL identifying data and the IT company has no identifying data or data that could lead to identification of data subjects). Clearly the data controller is processing personal data but is the

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ECJ Ryneš ruling implies IP addresses are personal data in themselves

What better way to spend Data Protection Day (yesterday) than having a light-bulb moment; this is especially the case as, at my age, light bulbs tend to go in a different direction. My thoughts on IP addresses were triggered by the Ryneš ECJ case (domestic purposes exemption does not apply to surveillance of public places from a domestically installed CCTV). I think the Ryneš case strengthens the argument that an IP address is personal data in many instances. If I

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Proposals to expand Central NHS Register creates a national population register and significant data protection/privacy risks

[Note added 17/3/2017: The proposal is no longer going ahead: See Question S5W-07384 of 21/02/2017 "Ministers have listened carefully to the arguments"   …and do not intend to take forward the proposal.] I thought the idea of a centralised, national population register was well and truly dead? Well the Holyrood SNP Government wants to resurrect a Scottish version. The Scottish Government’s plans are outlined in a document entitled “Consultation on proposed amendments to the National Health Service Central Register (Scotland) Regulations 2006”. The

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Amberhawk Training Schedule Winter/Spring 2015

 1. DATA PROTECTION BCS PRACTITIONER QUALIFICATION: The next standard DP courses are in London (starts 20 January 2015) and in Leeds (starts 22 April);  the next intensive DP courses are in Edinburgh (starts 9th March 2015) and London (starts 28th April)  2. NEW DATA PROTECTION BCS FOUNDATION QUALIFICATION:  we are delivering the new BCS Foundation Course in Data Protection syllabus in London (16, 17 and 18 March). This 3 day course is intended to ensure that the team that supports

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Italian Data Protection Regulation text exposes Member States disharmony; risk of weaker protection for data subjects increases

Xmas has come and to get you in the festive mood, I present a link to 232 pages of gripping holiday reading. Forget all those TV repeats over the holiday period; in the forthcoming break why not snuggle down with the latest DAPIX version of the Data Protection Regulation which identifies the current thinking of Member States. I have made two preliminary conclusions: • I think that the Data Protection Regulation will not be agreed until the end of 2015 (if that); this

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What does the ECJ Ryneš ruling mean for the Domestic Purpose exemption?

As expected the European Court of Justice (ECJ) judgement on the domestic purpose exemption followed the Advocate General’s reasoning (see my previous blog). The Court concluded that personal data collected from a public space by a home CCTV system (e.g. from the road outside the home) does not qualify for the domestic purpose exemption. This blog explores what I think this judgement means in practice (e.g. for householders, the insurance industry). In summary, like any other CCTV, “domestic” CCTV surveillance has now

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D-Day for the Domestic Purpose exemption and the use of CCTV installed at home

I was just explaining to my psychiatrist that December 11th this week will be a very exciting day for data protection aficionados. The European Court of Justice (ECJ) is about to make a second landmark judgement on the Domestic Purpose exemption (Section 36 of the Data Protection Act) and whether or not the Act should apply to domestic CCTV installed to protect the home. Currently the ICO believes that the domestic purpose exemption does apply, but if the ECJ follows

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Protecting privacy and identity in the GOV.UK Verify scheme

For the last two years I've been working with colleagues in the Cabinet Office's Privacy and Consumer Advisory Group to develop privacy principles for the government's online identity assurance programme. This is now close to launch, and got some front-page attention in The Times on Monday. Here is the just-published letter we sent to the newspaper with more details. The Government Digital Service has also published a response. Sir, Today’s Times (4/11/2014) front-page story contains an error: “Virtual ID for

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