Category: Data Protection

A new definition of “personal data” to consider

Is an IP address or an URL personal data? Should it be personal data? Anyway, given the European-wide review of the Data Protection Directive, I have decided to put my head above the parapet and describe what I think the definition of personal data should look like. Of course, readers might disagree – but all I would say that if we don’t have any idea of what the definition should look like, then Governments and the European Commission will happily

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North America’s “Generally Accepted Privacy Principles” establish an inadequate data protection regime.

There is a trend to equate “privacy” with “data protection” probably because many USA organisations like Google like to use the “p-word” quite a lot and there is a common desire to be “privacy friendly”. However, when you make this equation, it can be at the expense of ignoring many important data protection safeguards. The divergence between the concepts of “privacy” and “data protection” emerges by an analysis of some of the Generally Accepted Privacy Principles (GAPP), which fall a

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Government weakens Parliamentary and ICO supervision of the Data Protection Act

I have concluded that proposals published by the Government in relation to “the bonfire of the quangos” (the Public Bodies Bill) and in relation to reform of Parliament (the Parliamentary Voting System and Constituencies Bill) can both serve to weaken the effectiveness of the supervision of the Data Protection Act. There is a significant risk that a future Government could use powers in both Bills to reduce Parliamentary scrutiny of its own processing of personal data or threaten the Information

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Commissioner plays poker with Google

The Information Commissioner has been widely condemned by privacy activists for his perceived inaction with respect to Google. Although he concluded that it was likely that there was a significant breach of the Data Protection Act when Google Street View cars collected wi-fi data as part of their street mapping exercises, he has rejected calls for his office to impose a monetary penalty. Instead, he has “invited” Google UK to sign an undertaking – something that has yet to happen.

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Shortfalls in the Data Protection Act 1998, identified.

We have just published on the website our response to the Government’s consultation on the Directive. However in our response, we have identified the issues in the context of the Data Protection Act 1998 so readers can see what the main problems are. There should be an extension of the Accessible Records definition to include employment records so that manual information on employees gain full protection from the Act. This would close an obvious loophole at a time when public and

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Shortfalls in the Data Protection Act 1998, identified.

We have just published on the website our response to the Government’s consultation on the Directive. However in our response, we have identified the issues in the context of the Data Protection Act 1998 so readers can see what the main problems are. There should be an extension of the Accessible Records definition to include employment records so that manual information on employees gain full protection from the Act. This would close an obvious loophole at a time when public and

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Labour’s privacy legacy: 1 in 50 subject to communications surveillance

At the moment, we are all being bombarded with numbers associated with New Labour’s financial legacy. Well there is another number which reveals a further legacy of the last administration. Under New Labour, for each UK citizen in the last year (i.e. you), there was a 1 in 50 chance that your communications could have been accessed by the law enforcement and national security authorities. This translates into a “Governmental Annual Surveillance Probability” (known as the “GASP”) of at least

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Spending Review? Why not axe the Information Commissioner?

I have come to the conclusion that there is a credible argument to scrap the Office of the Information Commissioner. “No” I have not lost my marbles. Nor have I received a backhander from Google to fund our new Amberhawk web-site. This is a credible argument that can be made, especially at a time when deep public sector cuts are going to be announced next Wednesday. As you know, the Minister for the Cabinet Office, Francis Maude MP, blows hot

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Project Champion Report misses the target when discussing CCTV surveillance, privacy and data protection

Yesterday, the Chief Constable of West Midlands went on TV to apologise for its plans to undertake comprehensive and overt CCTV surveillance of all cars and individuals who entered or left the Sparkhill area of Birmingham. This apology is even though “No cameras associated with the Project have ever been used” and the publication of an investigation into “Project Champion” by the Chief Constable of Thames Valley Police (see references for details). Having read the report, I think Project Champion

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Coalition Government chooses to minimise privacy protection against spammers and behavioural advertisers

Last week, the Government published its ideas as to how it would implement the changes to EU Directive 2002/58/EC. In relation to spammers and behavioural advertising it has decided to keep the low privacy standards that were acceptable to the previous New Labour government. The changes discussed in the consultation (see references) are modifications to Directive 2002/58/EC introduced by the need to implement Directive 2009/136/EC. These new provisions have to be brought into UK law by 25th May next year

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