Category: Data Protection

Government proposals permit DNA database to expand with minimal scrutiny

The Home Secretary’s statement on DNA retention confidently states “we propose the indefinite retention of DNA profiles of convicted adults”. So far so good as most people, when they think of “convicted adults” think of a burglar, a bank robber or a rapist. However, this is not what the Home Secretary means. He has in mind something far more lowly in the hierarchy of criminal acts to justify indefinite retention of DNA; it includes the actions of people who do

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Long retention of DNA personal data has little to do with detecting ordinary crime

The Human Genetics Commission Chair, Professor Jonathan Montgomery, has asked a simple question: "It is not clear how far holding DNA profiles on a central database improves police investigations?".  The HGC has just published a report containing the damaging allegation that police were arresting individuals in order to populate the DNA database. Well I think I have found the answer to the Professor's question with an analysis of the Government’s own crime statistics. My answer undermines arguments for long DNA retention periods based on

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Information Commissioner makes offers you can’t refuse

Just a few brief comments about an exchange that occurred during the data protection conference recently run by the National Association of Data Protection Officers (NADPO), which had Deputy Information Commissioner, David Smith, as a keynote speaker. The questioning surrounded the Enforcement Notice issued to M&S in 2008 relating to a data loss following the theft of an unencrypted laptop which contained the personal information of 26,000 M&S employees. Evidently M&S was offered an undertaking which they were reluctant to

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Data Protection Act fails to implement 50% of the Directive?

Some readers may know that in 2004, I made a FOI request to the European Commission to obtain details of possible infraction proceedings brought against the UK Government by the Commission. The Commission claimed that legal proceedings might be needed as the Data Protection Act did not properly implement the parent Data Protection Directive (95/46/EC). The reason for my renewed interest in this subject is the Court of Appeal’s linkage between the “purpose of the processing" as used in three data

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Information Commissioner looks at an Article 8 role

The recent decision of the Information Commissioner to appeal the recent judgement of the Court of Appeal with respect to the retention of criminal records (see last Thursday and Friday’s blog) raises an intriguing question. Is the Information Commissioner with a mission statement that focuses on information rights seeking to expand the protection of those rights into the Human Rights arena? In his press statement David Smith, Deputy Information Commissioner says the Court of Appeal judgment “engages serious questions about

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Could notification to the Commissioner undermine three Data Protection Principles?

When a data controller says that he is processing personal data for “purpose X”, what does “purpose X” mean in practice? The answer is important because the word “purpose” is used in the legislation to describe the Second, Third, and Fifth data protection principles. For example, suppose a data controller claims that "personal data item Z is relevant to a housing benefit purpose". That claim can objectively be assessed; is the data item relevant or not relevant to the housing

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UK Courts view any data retention as human rights compliant.

A major difference has emerged between the approaches adopted by the UK Courts and the European Court of Human Rights. In summary, the higher UK Courts have consistently stated that data retention does not significantly engage Article 8 of the Human Rights Act, whereas the European Court of Human Rights has consistently judged that the Article is fully engaged. The consequences are important for any forthcoming public debate on data retention policy – for example, with respect to the retention

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Data Protection: are the new EU data loss notification provisions worthless?

So the European Union has enacted changes to the telecommunications directive (Directive 2002/58/EC  on privacy and electronic communications) that require telecommunications companies to notify data subjects about any loss of personal data.  If you read EU spin on this step, this is a great deal for “data subjects”. However, as with most things, the devil is in the detail and I have found nothing new. One modification provides for measures that shall “ensure that personal data can be accessed only

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How “see-through” scanners are subject to data protection rules

According to press reports in Canada, controversial airport scanners that “see-through” the clothes of travellers have received the blessing of Canada's Privacy Commissioner. An assistant Federal Privacy Commissioner has told the press that Canada’s National Air Security Agency has successfully answered all questions about individual privacy. The proposal has stirred controversy in the UK because the scanners produce a three-dimensional outline of an individual’s naked body. However, under the plans approved by Canada’s Federal Privacy Commissioner, the officer viewing the

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Check your data sharing protocols

Data sharing – simple isn’t it: “data share” rhymes with “data care” and “nightmare”. Anyway this is an unashamed plug for a book that contains a chapter on data sharing written by yours truly. To assist the general data protection community, I have placed a checklist of what should appear in a protocol on http://www.amberhawk.com/policydoc.asp   under the heading: “Data sharing protocol checklist – 2009”. The checklist applies to public and private sectors. The book is entitled “Data Protection for Financial

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