Category: Data Protection

Police legal advice says there is full RIPA protection for unread spam (but no privacy protection for your confidential archive)

The voice-mail hacking incident is still exercising MPs – especially the Labour ones who did little to protect individual privacy in its decade in power (see last week’s blog). So when Assistant Commissioner John Yates of the Metropolitan Police Service (MPS) gave evidence on “Specialist Operations” to the Home Affairs Select Committee (last week), MPs on the Committee took the opportunity to ask a range of questions about the lack of prosecutions re such hacking. Mr Yates’ answers reveal that

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Custodial offence for deliberate invasion of data protection? Forget it!

I must confess that I find it rich that New Labour Ministers, who were in Government for more than a decade, are now huffing and puffing about their “phone inboxes being hacked”. The sad truth is that, in Government, they could have done a great deal to protect individual privacy by making such hacking a custodial offence. In short, they failed to implement an offence that would have extended to a very large number of situations – well beyond the difficult issue of

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Data Protection: the use of the Internet to vet employees or job applicants

According to a new proposed German law, it will soon become unlawful for employers in Germany to look at their Facebook profiles of prospective employees. Given that use of the Internet to vet job applicants appears to be on the increase, it might be useful to summarise the application of the current UK data protection law, should an employer search the Internet for details of a “data subject” whether that data subject be a current employee or prospective employee. As

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Data Protection and surveillance: swopping the speed camera for ANPR?

When on holiday in the Dordogne two weeks ago (feels like two months now!), I picked up a Sunday Times newspaper which stated that the Government was reducing grant-funding for speed cameras. This was given the “thumbs-up” by the paper which reported that many motorists see such cameras as a tax first and a life-saver second. Some speed cameras are already history. Conservative controlled Swindon Borough Council switched off its cameras in April this year, whilst a funding shortfall of

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Data Protection: Who gets the Audit Commission’s privacy invasive powers?

The press coverage of last Friday’s unexpected announcement that the Audit Commission is to be abolished failed to mention a key data protection issue: who is going to inherit its data matching mantle? The answer is important because the Commission’s extensive, privacy-invasive, data matching powers were enacted by the last surveillance-addicted Government and extend well beyond a narrow benefit fraud remit. Data matching involves comparing sets of personal data, such as the payroll or benefits records of a body, against

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Swimming in the surveillance Poole: the real privacy problems with RIPA

Both opposition parties (now in power) before the General Election focussed on Local Authorities as the main abuser of Regulation of Investigatory Powers Act (RIPA) powers, and to some extent the Investigatory Powers Tribunal's recent decision re Poole Borough Council appears to reinforce that view (see references). The Tribunal concluded that the Council’s procedures were at fault (they are in fact very sloppy), the surveillance was too extensive, and the purpose underpinning the surveillance operation uncertain. This was also accompanied by the

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Body scanner Code of Practice still defective

A blog reader asked me to look at the Code of Practice on the acceptable use of body scanners to enhance security at UK airports. The consultation period associated with the Code ended four weeks ago, so I apologise for a severe case of “better late than never”. In summary, the Code still ignores several key issues. However, to be fair to the incoming Coalition Government, the consultation had been commenced in the dying days of the previous administration. It

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Some FOI requests for personal data are not purpose blind

After imbibing some Bavarian Lager and a number of Decision Notices (including some Scottish ones), I have come to the conclusion that FOI requests of the kind “Please provide, in electronic form, the email addresses of all members of staff” can be resisted until a public authority is certain that the balance of interest lies with disclosure. This blog explains why I think this is the case, so please argue with me if you think I am wrong. I started

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Commission acts on a deficient UK Data Protection Act – at last

The European Commission will no doubt expect plaudits for its request to the UK Government to change the Data Protection Act so that it meets the standard established by the Directive 95/46/EC. In practice, the Commission should answer questions as to why it has taken over seven years to reach a conclusion which has been obvious to data protection experts from the time of the Durant decision back in December 2003. Since that time, the Commission has stood on the

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Information Commissioner has to justify why statistical data are personal data

Sadly, there is more data protection case-law arising from the conflict over requests for personal data made under freedom of information (FOI) legislation, than there is when there is a data protection conflict. This state of affairs is the result of the fact the Commissioner has to publish a Decision Notice in relation to a disputed FOI request, whereas there is no similar Notice provision associated with an assessment as to whether or not a data controller is complying with, for

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