Category: Data Protection

Google lost its two recent Court cases for the same reason the one-stop shop does not work

Politicians who are consumed by years in power often decide on a policy that fits their viewpoint, and then identify the “facts” to justify why this policy should be imposed on the rest of us. Mrs Thatcher’s “Poll tax” and the Mr. Blair’s “Iraqi exploits” are classic examples of this genre. Well I think this kind of approach explains two important data protection issues: • Why Google, despite its predominate and powerful position, lost two recent Court cases (the ECJ “right

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Why the European Parliament view of “data subject consent” should be supported.

I have been rather ambivalent about the debate about consent in the Directive 95/46/EC and the proposed replacement Regulation (if it happens). However the antics of the Insurance Industry in the UK in relation to subject access have convinced me that the European Parliament’s approach towards consent needs supporting. So what has the Insurance Industry done to deserve reproach? Well it has continued with its practice of asking, when needed, the data subject to consent to subject access to their

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If Google remembers whom it has forgotten, has it complied with the ECJ Judgment?

Google has received all kinds of plaudits for quickly introducing its “right to be forgotten” procedure; however from what I have read in the press, its procedure for the removal of URLs is not fit for purpose. In this blog, I explain why Google’s procedure appears to be so defective. So, for the sake of argument, let’s assume that you want to have a URL removed for whatever reason. As I explained in my previous blogs (see references), this will

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Press and Google misrepresent European Court’s Google judgement

A tsunami of misinformation has overwhelmed the ECJ’s ruling on Google: high-tech corporate America, NGOs and parts of the UK media are claiming that the judgement constitutes shocking defeat for the concept of freedom of expression. In support of this claim, these organisations are publishing statements that are simply not true. This blog reviews this coverage in the hope that in this sea of error, a life-raft of objectivity can continue to float on the surface. The rhetoric The UK

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If the European Court has established a right to be forgotten, it has also established a right to object to marketing

  Yesterday’s European Court of Justice (ECJ) Ruling which established that Google was a data controller because its search engines processed personal data has been widely reported as establishing an automatic “right to be forgotten”. This view is incorrect and in this blog, I explain why. Also overlooked in the furore is the simple matter of the right to object to marketing; this has the potential to be far more problematic for Google’s business model. The ECJ Judgment First I

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Can the Commissioner enforce the correct part of the First Principle, please?

I have just looked at the Undertaking accepted by the Disclosure and Barring Service in March 2014.  I think it represents a missed opportunity by the Commissioner to cement the concept of unlawful processing in relation to the First Principle, or to enforce the absence of a Schedule 2/3 criterion that legitimises the processing of personal data, or to reinforce the link between unlawful processing and Article 8 of the Human Rights Act. As you know, the ICO has taken

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Is the use of DNA analysers on log-on in breach of data protection law?

Am I the only one that is increasingly worried about the uncontrolled use of DNA as a biometric identifier for security devices and log-on routines? These are being introduced as part of the next development in tablets and mobile phones like the iPhone. It all started five years ago in the USA when Yale, one of the world’s leading lock-makers, started experimenting with a kind of spittoon attached to a DNA analyser and one of its advanced electronic industrial locks.

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Roll out the bunting: Durant judgment is good as dead and buried.

The spectre of Durant has haunted and stalked data protection officers for more than a decade; however, a case taken under the FOI Act has just exorcised this particular ghost. That is my conclusion from reading of the Court of Appeal decision that was published earlier this week (Edem v The Information Commissioner [2014] EWCA Civ 92). As Durant is now not the demon it was, it is important to trace the history (from Durant to Edem) to explain what

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Briefing as to the status of the Data Protection Regulation

  I thought I would write a blog that explains where we are in relation to the Regulation. Just over two years ago, the European Commission published a proposal for a Data Protection Regulation to replace Directive 95/46/EC. Following publication, the Commission’s text has been scrutinised by the European Parliament and by the Council of Ministers. Each of European Parliament and the Council of Ministers can propose amendments to the Commission’s proposals and each approves a text containing amendments to

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Should national security certificates exclude the Data Protection Principles?

  An analysis of Section 28 Certificates issued by the previous Labour Government shows that the exemptions for the national security function are excessive. The recent publication of a “memorandum of understanding” and analysis of the TfL Certificate (last week’s blog) shows that the current Government has continued this policy. It is my view, that if the national security agencies were required to apply the data protection principles, subject to appropriate exemptions and an effective system of regulation (not necessarily

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