Category: Data Protection

 The European Commission has released details as to why it sees the UK Data Protection Act as an improper implementation of Directive 95/46/EC, so much so, that it is considering infraction proceedings. Correspondence between the Commission and the UK Government has been exchanged, and despite the possibility of litigation, very little has been published or explained to MPs or MEPs. Hence the “liberation” of information from the Commission about these infraction proceedings is very timely. It is also the

The hype surrounding the CCTV/ANPR provisions in the Protection of Freedoms Bill is misplaced. In fact, I would argue the Bill’s provision for a Statutory Code of Practice in the CCTV area represents little change on the privacy front, but a huge change in the potential for enhanced surveillance. A statutory code of practice covering CCTV/ANPR is to be produced by the Home Secretary and regulated by a new “Surveillance Camera Commissioner”. The Code’s application is limited to policing bodies

Directives often contain a notification provision which place each Member State under an obligation to report certain activities to the European Commission. Following a FOI request to the Commission, it has emerged that the UK Government has ignored its notification obligations in relation to the Data Protection Directive; this raises the general question of whether notification requirements in Directives are effective. With respect to the processing of sensitive personal data without the consent of the individual concerned  (e.g. processing details

If you are employed in the public sector forget about offences under the Data Protection Act if there is deliberate misuse of personal data. In the absence of a custodial sentence, in more serious cases prosecutors are increasingly opting for the blunt instrument that is the common law offence of 'malfeasance in public office'. The offence does not need "personal data" or a computer or even an official secret – all it needs is a public official to be caught

Yesterday, the final salvoes in the protracted legal battle over the tabloid exposure of Max Mosely’s romp with five prostitutes were fired at the Human Rights Court in Strasbourg. The outcome will determine whether there is a structural failure in the UK law which will be corrected if the press have to notify an individual under investigation, if details about that individual are about to appear on the front pages. This Blog reports on some of the arguments raised by