Category: Data Protection

Latest leak: the new Data Protection Regulation is looking more like the old Directive

Here is a swift “low-down” on the latest DAPIX leak (thanks to a friend of a friend who knows someone who received an email). I think the headline says it all; the Regulation is being softened and weakened from the data subject perspective. The DAPIX document (see references for a copy) only refers to some Articles so the general effect on the Regulation is not clear from the document. However the direction of travel is clear. That direction is; less

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How Google lost the trust of Europe’s Data Protection Authorities

Over the last two years, various European Data Protection Commissioners have taken action against Google. Hardly a month goes by without something being reported: a €145,000 StreetView fine here or a court case about jurisdiction there. So it is important to understand: “why is Google on the receiving end all this enforcement action?”. Why now, and not five years ago? What has changed? From Europe’s Data Protection Commissioners perspective, there is a collective recognition that Google has given them the

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Mrs Thatcher’s data protection legacy

Successive UK Governments have seen data protection more as a cost overhead to be minimised rather than as an essential protection for the individual in an electronic age. This view started with Mrs Thatcher’s first Government and has endured for over three decades. During the 1970s, there were a number of White Papers and Reports starting with the Younger Report on Privacy (in 1972) and ending with the Lindop’s Report on Data Protection (December 1978). So when Mrs Thatcher came

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Simple extension of ICO’s NHS audit powers are needed. Do you agree?

Just a brief blog about the proposals to extend the ICO’s audit powers to NHS bodies and how improved protection for data subjects can be obtained at minimal cost. Amberhawk argues that if “unannounced” NHS data protection audits are to occur, then such audits should be extended to any department of a data controller who obtains health personal data from the NHS (e.g. research organisations; Local Authority Social Work Department). This will enhance the protection for data subjects. In our view,

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Data collected by Google’s drones is compliant with European privacy/data protection law

Buried in three of the 250,000 diplomatic cables published two years ago by Wikileaks was an obscure reference to a curious purchase made by Google from the Pentagon. These cables record that Google has contracted to buy all surplus surveillance drones as the USA military withdraws from Afghanistan and Iraq. These drones have been used to develop Google’s controversial StreetView service. Google’s idea is to have a drone electronically follow each StreetView CCTV camera car at a height of 50

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Local Government likely to follow NHS down the mandatory data protection audit road

I am going to make a simple prediction; within 19 months  Local Authorities will be subject to compulsory data protection audit. Why do I think that? Well I  think it is obvious if one reads the MoJ’s consultation document that argues that the ICO should have the power to audit NHS data controllers on demand. For instance, if you consider a “complaint” to the ICO as a possible data protection compliance issue, then the following Table shows that Local Government

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Could a Conservative Party lead by Theresa May drop the Data Protection Act?

Last week, Home Secretary Theresa May made a speech that could fundamentally alter the Conservative Party’s approach to human rights. The Party's currently policy position is that it would like to replace the Human Rights Act 1998 with its own Bill or Rights, but it would not derogate from the European Convention of Human Rights. Theresa May has put that all in doubt. In her speech, she said: “…And we need to stop human rights legislation interfering with our ability to

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Could the Conservative Party’s electoral database breach the Data Protection Act?

Ever since the Scottish National Party breached the PECR Regulations back in 2005, all political parties have had problems using personal data to identify potential supporters at election time. It is a tricky issue; those standing for election need to process personal data in order to contact supporters and voters. Last Sunday, it emerged that the Conservative Party appears to have used USA-style polling techniques to create a database of voters which, in part, is legitimised by a simple privacy

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Data Protection Code of Practice for the Press raises the prospect of enhanced protection for ordinary data subjects.

Five days ago, the Conservatives outlined their plans for implementing the Leveson Recommendations (the “Recommendations”) by creating an independent panel, established by Royal Charter, to verify that any new press regulator is effective. Yesterday, the Information Commissioner put a spanner in these works; he has published outline plans for his own voluntary Code of Practice and is consulting on its possible content. This blog explains why an ICO Code of Practice, if eventually published, could help aggrieved data subjects, and

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Update on my Tribunal hearing re data protection infraction letters

I have had a several inquiries as to how my Tribunal appearance went (see  blog of 6th Feb for details of the subject matter of these proceedings) Well I was hoping to do a full blog, but Monday's hearing was adjourned and we might have to lock horns at a later stage. Reading the runes, the MoJ was cross examined for more than 2 hrs in closed session (more than twice as long as timetabled) after which I was told that I

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