Category: Data Protection

Data Protection Regulation cost of compliance. Has the UK published suspect numbers?

In January this year, the European Commission published an Impact Assessment which estimated that the new Data Protection Regulation would bring administrative savings to the EU, totalling €2.3 billion each year. An analysis published by the Government, last Friday, claims that the burdens would far outweigh the net benefit estimated by the Commission. For the UK alone, the UK claims that the annual net cost of the Regulation (in 2012-13 earnings terms) is estimated to be between £100 million and

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A curiosity concerning the Monetary Penalty Notice issued to Scottish Borders Council

The Scottish Borders Council, through its Appeal against its recent Monetary Penalty Notice (MPN), could undermine the “prompt payment” discount offered by the Information Commissioner. In its Press Release dated October  22nd, the Council said it had launched an appeal over the size of a penalty from the Information Commissioner's Office (ICO) after a self-reported data breach. The ICO issued a £250,000 fine to Scottish Borders last month after files relating to the Council were discovered in a recycling bank.

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UK Government opposed to the Commission’s Data Protection Regulation

At a meeting of the Council of Ministers at the end of last month, the UK Government joined the Governments of Denmark, Slovenia, Belgium, Hungary and Sweden in opposing the Commission’s Data Protection Regulation; instead these countries want a new Data Protection Directive. Only Bulgaria, Germany, Spain, Netherlands, Luxembourg, France, Italy, Greece and Ireland expressed support for the concept of a Data Protection Regulation. Sensing that the Regulation might be in trouble, the European Commissioner proposing the Regulation (Ms. Reding)

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Information Commissioner’s enforcement proceedings links Article 8 to unlawful processing.

Gosh, crumbs and crikey! Talk about the “Road to Damascus”. The Information Commissioner, in his Enforcement Notice issued to Southampton City Council in July, has made an express link between Article 8 of the Human Rights Convention and lawful processing under the First Data Protection Principle. Furthermore, Southampton has appealed the Notice; this means the Tribunal should hear arguments about Article 8 and adjudicate, in detail, on how Human Rights and Data Protection legislation interact. I have often moaned (and

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Expect Parliamentary Committee to support concerns about the Data Protection Regulation

On Thursday, the Justice Committee will publish its conclusions about the European Commission’s Data Protection Regulation; yesterday, at our Update session, we had a speaker from the MoJ talking about the Regulation. This blog explains why I think a revised text of the Regulation will have to emerge and why I expect the Committee to support the ICO’s and the Government’s concerns about the text of the Regulation (as explained below). Our Update speaker told us that the DAPIX committee

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Mobile CCTV cars used by Councils can breach data protection law and RIPA

I have just won a minor victory against my local authority (Waltham Forest) which used images captured by a mobile CCTV unit to issue a £110 fixed penalty notice for a parking violation; I managed to get the penalty set aside. This blog presents the case that the Council’s use of CCTV in instances like mine are in breach of the Data Protection Act (DPA) and possibly the Regulation of Investigatory Powers Act (RIPA), even though there are parking restrictions

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Privacy by Design and Isaac Newton: the need to address Newton’s Third Law

I have just come from a morning session on Privacy by Design (PbD) where the ideas, first presented by Dr Ann Cavoukian in 1995, are set to become tomorrow’s data protection orthodoxy (if the Regulation sees the light of day). The session started with a quotation from Newton, ostensible made when he published his ground breaking Principia in 1687: “if I have seen further, it is by standing on the shoulders of giants”. In the context of PbD, I immediately

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Psssst! Want to know what the UK or any other Member State thinks about the Data Protection Regulation?

“Hats off” to Statewatch. I don’t know how they do it, but they have just managed to liberate a 170 page document from the Commission that explains what each Member State thinks of the Data Protection Regulation. The UK, of course, has the largest number of pages outlining its objections (24 pages in all). So here is a summary of some of the key issues for the UK with the Regulation. All sentences that are not italicised are quotes from

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Surveillance Commissioner warns about significant RIPA failings, unregulated private sector surveillance, and surveillance using the Internet.

Reading between the lines of the latest Annual Report of the Surveillance Commissioner (published last week) there is much to worry about; a lack of resources is undermining privacy protection and the system of supervision. As well as this significant degradation in privacy protection, the Surveillance Commissioner hints that the monitoring of users on the Internet might be unlawful if it does not consider the requirements of the Regulation on Investigatory Powers Act 2000 (RIPA). He also implies that the

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Local Government to be subject to wide data matching powers.

In August 2010, the Audit Commission was targeted for abolition. At that time, I asked “who would get the Commission’s data matching powers?”. Two years later we have part of the answer: the Secretary of State (SoS) responsible for Local Government. In a draft Audit Bill published last week, Eric Pickles (the current SoS) is suggesting he is given wide ranging data matching powers that covers all local government functions (and all public bodies that deliver local government functions –

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