Category: Data Protection

Guilt by innuendo: recent press reporting of Google’s StreetView affair demonstrates need for enhanced protection for individuals

I think 99.999% of people in the UK have never met, or heard of, Mr. Stephen McCartney. Those attending data protection conferences might recall him speaking about his policy role at Information Commissioner’s Office (ICO); indeed we have asked him to speak at our Update sessions because he is articulate and thought provoking. Yet Mr. McCartney has become a central figure in the national press and the blogosphere over a story about the ICO’s investigation into Google’s StreetView. Mr. McCartney

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“Open data” White Paper could mean open season for enforced subject access

The Government has just published its ideas for allowing general access to data (which includes the intention to allow individuals on-line access to their own personal data). In general, I support this measure but sadly, the Open Data White Paper has not even considered that it has widened the privacy problems associated with “enforced subject access” (see references). In the White Paper, the Government states that it wants to make personal data available to the data subject by a secure portal.

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Expect 1,000 objections by Member States to the EU’s Data Protection Regulation.

About three months ago, I blogged about the considerable Member State “disharmony” about the content of the Data Protection Regulation published in January. Well the disagreements have multiplied, and the Council has “released” a revised position on the first 10 Articles of the new Data Protection Regulation that will replace the 1995 Directive. The changes favour data controllers. The text contains details of 147 Member State reservations on Articles 1-10 and 80(a) and 83 (about one ninth of the 90

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Do Google’s StreetView images constitute unfair and excessive processing? Does a Swiss Court’s conclusions translate into UK law?

In one of my blogs on Google StreetView (see references), I said that the Information Commissioner (ICO) could not serve a Monetary Penalty Notice (MPN) on Google when its software captured some personal data from household Wifi systems. This assessment was based on the fact that Google published statements to the effect that only an insignificant cache of random personal data was captured and that any capture of personal data was wholly unintentional. I argued that the problem when serving

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Government to permit council officials to gain routine access to tax records; powers extend well beyond the justification for data sharing

The Local Government Finance Bill, now before Parliament, is drafted in such a way that it could permit the routine disclosure of tax records and other personal data held by HMRC to council officers for several council tax related purposes. The powers also allow HMRC to disclose such details directly to contractors of the Council (e.g. perhaps those IT service providers based overseas or in the Cloud); this could permit tax details to go to many interesting destinations outside the

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ICO decides that European Commission’s criticism of the Data Protection Act should be published

Just a brief note on my pet obsession; should data controllers and data subjects in the UK know why the European Commission claims that the Data Protection Act 1998 is a defective implementation of Directive 95/46/EC? The good news is that I have obtained a Decision Notice that requires some of the full details to be provided to me; the bad news is that the Government has 35 days to appeal. I should explain why I think the Government are

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Fines for non-registration with the police? Reforms permit enhanced secondary use of electoral rolls.

Should you be fined if you failed to register with the local police, the national security agencies, any Government Department or a Credit Reference Agency? Should the national security agencies, for instance, be entitled to create a population register, the core of which could be similar to that of associated with the ill-fated ID Card (much beloved by the previous Government)? Surprised by these questions? Both these outcomes are possible, courtesy of the Electoral Registration and Administration Bill just published

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Desire for a FOI charging regime equates to reduced accountability of public bodies

I have to confess that I am just a normal type of guy who reads Hansard and watches the BBC’s Parliamentary Channel. The last (wet) bank-holiday weekend, for instance, there was a riveting repeat of Jack Straw’s evidence to the Justice Committee on the operation of the Freedom of Information (FOI) Act. As Home Secretary, Jack Straw was responsible for piloting the Data Protection and Freedom of Information Bills through Parliament; he knows where the legislative skeletons can be found.

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Is the Surveillance State being resurrected? Assessing whether privacy is protected when surveillance policy is developed

April is becoming a month of resurrections. The last blog referred to the Members of an Information Rights Tribunal resurrecting the corpse of Durant which then bit them; they were thus turned into zombies and issued a Decision that I will politely call “provocative and novel”. Last month Theresa May resurrected the data retention ambitions of GCHQ so that all contact details, dates and times of all electronic communications between all individuals in the UK are retained for a year or

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Durant strikes again! The names of those investigating complaints are not personal data

The Information Tribunal has just adjudged that the names of three junior members of staff who had a part in an applicant’s complaint to the Financial Services Authority (FSA) can be disclosed as part of a Freedom of Information (FOI) request. The Information Rights Tribunal, following Durant, concluded that the names of these staff were not personal data. As every data protection aficionado knows, mentioning Durant is rather like swearing in public, as its application can result in bizarre conclusions;

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