Category: Data Protection

Does the Health Care Bill permit medical research without patient consent?

The last Labour Government did it in spades and now the Coalition has followed suit. What is “it”? Why enacting legislation that grants Ministers wide ranging and unchecked powers concerning the processing of personal data of course. Don't worry: it's just our health records. About two weeks ago, a colleague at the British Computer Society asked me a simple question: “Does the Health and Social Care Bill, currently before Parliament, permit medical research without patient consent?”. Having waded through 400

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Proposals for new Data Protection Directive or Regulation in January 2012

The EU Justice Commissioner Viviane Reding, Vice-President of the European Commission, and the German Federal Minister for Consumer Protection, Ilse Aigner, have come forward with a joint statement claiming that proposals to reform the 1995 Data Protection Directive will be published by the end of January 2012. I have annotated their statement with obvious comments that have come to mind. It is clear that their promise for “to achieve a robust data protection framework for Europe's internal market that can successfully

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ICO’s view on the data protection issues and challenges ahead

I have just delivered a talk at today's NADPO conference and was followed by Jonathan Bamford, Head of Strategic Liaison, at the ICO’s office. A few things he said I was unaware of – so here goes. The ICO is concerned that the CCTV/ANPR provisions in the Freedoms Bill are limited to police and local authorities whereas CCTV and ANPR technology is widely used by others (e.g. in private car parks), and in an equally potentially invasive way. I got

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What is wrong with the Data Protection Act? FOI Infraction saga hits the buffers

Bad news guys! I have just received my Tribunal Decision which throws out my attempt to find out what is wrong with the UK’s Data Protection Act. The Decision means that sixty million data subjects and one third of a million data controllers will not fully understand why the European Commission thinks that the UK’s implementation of Data Protection Act has been deficient since 2004. I think this is a shocking state of affairs. The result of this Decision is

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If IP addresses ARE “personal data” for a copyright purpose, aren’t they personal data for ALL purposes?

Let’s revisit that old chestnut: “is an IP address you use in an internet session personal data about you?”. The reason: I have just come across two legal references which relate to copyright infringement, where the argument that an IP address is personal data was accepted. (An IP address is the number linked to your connection to the internet so that communications can occur; for instance 68.74.255.92). The first reference I found was the Monetary Penalty Notice that ACS Law

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CCTV images are accessible on subject access (or is it Durant misses the Dublin Bus?)

A woman is injured falling down on a bus in Dublin; CCTV images record the event. If the woman applies for subject access, does she get the images? That was the question before the Irish Court, as the bus company refused access because the woman might be seeking compensation. Why should this interest UK readers; well because Counsel for the Dublin Bus Company trotted out the Court of Appeal decision in Durant (which of course is the equivalent of waiving

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“Let’s get rid of the Human Rights Act”

The Conservative Party have a bee in their bonnet about the European Convention on Human Rights; possibly this is because it has the word “European” in the title. No doubt to gain plaudits, Theresa May, Home Secretary, at the Conservative Party conference said the following: “We all know the stories about the Human Rights Act. ….The illegal immigrant who cannot be deported because – and I am not making this up – he had a pet cat”. “This is why

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Could Mr Gove’s emails breach the Data Protection Act as well as Freedom of Information?

Does the use of Gmail or Hotmail by a Minister's Private Office (in order to evade Freedom of Information (FOI) obligations) also lead to breaches in the Data Protection Act? Well, I can see how this could be the case. The press has raised this issue only in the context of FOI. Yesterday's Sunday Times, for example, noted that the allegations facing Michael Gove and his special adviser, Dominic Cummings, were that by using personal email accounts, they were assuming that any requested

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Information Commissioner criticises the Data Protection and Freedom of Information regimes

I have just read the uncorrected transcript of the Information Commissioner’s (IC) evidence to MPs last week. There are several other important points which have been largely unreported; hence this blog. As well as the custodial section 55 offence (see last week’s blog), the IC wants a strengthened offence in the Freedom of Information Act (FOIA). He also has serious doubts as to whether the changes in the Freedoms Bill (e.g. to CCTV, DNA, criminal record disclosure) will actually deliver

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ICO criticises data protection compliance by local authorities and cannot understand attitude of banks towards audit of data protection compliance

The Information Commissioner has called for the commencement of the custodial element of the section 55 offences and expressly criticised data protection compliance by local authorities as being “very bad”. He also criticised data controllers, especially in banks and financial services, as being uncooperative in relation to consensual data protection audits. He also anticipates that agreement over the text of a forthcoming data protection directive will be protracted and will take “years”. These points were made in a wide ranging

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