Category: Data Protection

Special Branch would have protected Elvis

Since it is a Friday, I raise a curiosity that relates to a FOI request to all information on John Lennon held by Special Branch. Naturally being Special Branch, the applicant no doubt received all that extra special loving care and attention we expect of such public authorities. The Branch told him that he could not get the requested details because of the application of exemptions relating to sections 23(5) (information supplied by or relating to national security bodies), S.24(2)

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Fax off. The PECR marketing privacy rules are different for e-mail

So the Information Commissioner has taken enforcement action against Ivor Cox, trading as Orion Forklift and Plant, following breaches of the Privacy and Electronic Communications Regulations (PECR). The action comes after more than 1700 complaints about the organisation were received by the Fax Preference Service (FPS) and by the ICO. The complainants were blessed with unsolicited marketing faxes about Ivor’s forklift trucks, sometimes in the early hours of the morning, even when the recipient was registered with the FPS. Given

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Being a “General Identifier” is not a data protection safeguard.

As you know I love the ID Card; in fact I love the idea so much I think I will try and get two. However, today’s blog is inspired by my reading of the document “Identity Cards Act Secondary Legislation: a response to the Consultation”, published by the IPS in May 2009. Within a discussion about safeguards it says: “It has also been asked whether the National Identity Registration Number will be considered a 'general identifier' and accordingly an order

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We can’t disclose because of the Human Rights Act

It used to be the Data Protection Act, but now it appears that the Human Rights Act has caught the disease described by the statement: “we can’t do anything because of the Human Rights Act”. Dominic Grieve, Shadow Minister of Justice, has just contracted the infection. He said yesterday at the Conservative Party Conference: “How many times have we seen police or probation officers say they can’t disclose the identity of a criminal because of his privacy under the Human

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Are data retention policies misguided?

One of the points not reported in connection with the horrific crimes of paedophile Venessa George  is the failure of the comprehensive vetting system. The reason: there was no record of her involvement in such activities. She wasn’t even uncovered by staff at the nursery (why? – another question), but picked up when the police arrested another individual who had retained copies of electronic communications linked to her. If that person had been more careful, then most likely George would

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Do privacy enhancing technologies have an Achilles Heel?

I want to return to the claim that “security versus privacy is a false dichotomy” made by Dr. Ann Cavoukian in her Seven Principles (see last week’s blog). The reason: I am beginning to think that this dichotomy is alive and well and the Principle that asserts a “false dichotomy” is wrong. I want to explore this issue in the context of CCTV cameras but I think the problem I raise could apply to many Privacy Enhancing Technologies or Privacy

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Parliament, sensitive personal data and the National Identity Register

During the following week of the Labour Conference I am taking a keen interest as what Charles Clarke MP, serial critic of Gordon Brown, says. Whether, for example, he talks about “integrity”, “transparency” or “accountability” – that kind of stuff. “Ahhhh”, I can hear you say, “this is proof positive that Chris really needs to get out more”. But you would be wrong; the issue affects us all as it strikes at what Parliamentary accountability really means. One example should

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Information Commissioner wrong to blame Parliament and the Courts

Ten days ago, the new Information Commissioner, Christopher Graham, was given a difficult time by MPs of the House of Commons Culture, Media and Sport Committee. The reason: he admitted to the Committee investigating “Press Standards, Privacy and Libel” that he did not have the resources to enforce the Act against the three hundred or so journalists who had used private investigators to obtain personal data unlawfully. He also said that Parliament and the Courts had let him down in

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Vetted volunteers to “volunteer” fingerprints and obtain a “voluntary” ID Card?

The brouhaha surrounding the vetting undertaken by the Independent Safeguarding Authority (ISA) with respect to the safeguarding the vulnerable has tended to overlook that such volunteers are likely to “volunteer” to obtain their ID Card. In addition, the link to ID Cards may increase the cost of “volunteering” to about £170 (the vetting fee of £64 and the ID Card cost of £100 plus). Although such a prospect has not been discussed by the press or by Ministers, in my

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The data protection arguments surrounding the DNA database are clarified

In July this year, the Times reported a Whitehall briefing paper that discussed the use of portable equipment that provided the police with a DNA analysis within one hour, rather than the three days it currently takes. In ten years time, it easy to envisage that DNA checking will occur in real-time,  raising the spectre of instant DNA checks for those stopped in connection with road traffic offences or with street incidents. If we are really lucky, such DNA checks

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