Category: Data Protection

State secret: “why the Data Protection Act 1998 is defective”.

Oh dear. Lost again.  The Tribunal has decided not to allow UK citizens to know why the Data Protection Act 1998 is defective, even though we are all discussing its replacement. The Tribunal decided at the time of the request, that the exemptions claimed by the MoJ applied. However, the judgment ends with the following statements; do you think that this is an invitation to do the whole request again? If so, can you post a comment (without expletives) on this

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Is the Data Protection Regulation dead? If not, should it be?

Are you thinking what I am thinking? I think you are. Week last Monday, I attended a meeting of the Government’s Data Protection Advisory Panel, the Group that discusses the Data Protection Regulation with officials negotiating for the UK. I came away from that meeting thinking that, because of the range of disagreements over its content, the Data Protection Regulation is not going to be agreed before the June 2014 deadline. Because of this, I think progress with both the

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Of mice, NSA, GCHQ and data protection

Suppose you see a mouse in your house; is this the only mouse in your house? The relevance of the question will come apparent when we dig deeper into those infamous “black boxes” allegedly used by the USA’s National Security Agency, the latest GCHQ mass interception fandango, and the responsibilities of the Information Commissioner. With respect to the “black boxes”, I am surprised that no-one has linked the latest machinations with the SWIFT (Society for Worldwide Interbank Financial Telecommunication) debacle

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Latest DAPIX leak of the Data Protection Regulation eases transfers and makes fining difficult

This blog reports the latest leak from "the DAPIX sieve" in the areas of transfers of personal data outside the EEA and fines from Data Protection Authorities (references below has the link to the leaked document). As is well known the Irish have published the first 40 Articles of the Commission’s Regulation (see previous blogs); this leak (at the end of the Irish Presidency) gives a good idea of the direction of travel in relation to the remaining 50 Articles.

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Mr Hague can explain GCHQ interception of “external communications”

No doubt you have seen this weekend’s brouhaha about GCHQ and the Guardian’s allegation that it has intercepted communications on a gargantuan scale. Well I think Mr Hague can clear everything up with a public statement as to why he thinks such interception is proportionate without any nonsense such as: "I can't say anything because that could jeopardise national security”. Why? Because it is very likely that he has signed (or authorised) a warrant phrased in very general terms that

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Member States divide over the protection offered by the Irish version of the data protection regulation

Do you know what? After watching a very turgid video covering the meeting of Ministers (June 6th) which discussed the Irish text of the Data Protection Regulation, I have concluded that there is a no agreement in sight. Indeed, I think the Regulation will not see the light of day unless there is a great “love-in” between Member States. As I explained in the last blog, some Member States want more “risk assessment”; a move which in combination with a

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How the UK’s risk-based data protection policy can result in lower standards of data protection

Today’s blog deals with the UK position on the Irish text of the Regulation and is based on the statements of Chris Grayling MP, the Cabinet Minister responsible for data protection at a June’s Council of Ministers meeting (see references). Following these statements I have concluded that the current UK Government policy on data protection supports a level of protection below that established by Directive 95/46/EC. This arises because the Government want many more data protection obligations in the replacement

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Irish data protection regulation text gives Google and Facebook the upper hand

Would you be surprised if the Irish text of the Regulation could allow a Member State, most likely Eire, to implement specific exemptions for companies like Google and Facebook from those data subject rights that involve accuracy, correction, erasure of personal data and the so-called “right to be forgotten”? In addition, would you be surprised if the definition of “main establishment” introduced by the Irish could mean that any enforcement action against such companies would be prolonged and could easily

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Irish do a “hatchet job” on the Data Protection Regulation

The Irish Presidency has published the first 40 Articles of what it considers to be an acceptable Regulation; as I said with my DAPIX blog (see references) based on a leak of this document, my conclusion is: Irish text = old Directive 95/46/EC + tweaks In previous blogs on this subject, I have referred to the fact that there has been no agreement by Member States on the text. The DAPIX leak document (see references) is one of the few documents which explains why these disagreements arise. The

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ICO needs a different strategy to deal with data protection offences

I have drawn the conclusion that the Government will not commence the custodial nature of Section 55 offence in the Data Protection Act this side of the General Election (and within the next few years). The reason is familiar: fear of upsetting the press. I also think that the ICO needs to adopt another strategy to deal with the problem of not having the custodial element available; for instance, by passing over suitable cases to the public prosecutors and/or using

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