Category: Data Protection

Adequacy of the UK’s data protection regime; now the UK has left the EU, the battle lines are drawn

In his speech in Greenwich on Monday, Boris Johnson, signalled that he is prepared, if needed, for the UK to depart from GDPR norms of data protection.  About an hour earlier, the European Union published a document which stated that any such departure would likely put the kibosh on any adequacy determination for the UK and stall co-operation (e.g. data sharing) in the field of law enforcement. In this Blog I provide quotes from the documents and speech so readers

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Chuck the DPA2018 and GDPR away; say hello to the UK_GDPR and a revised DPA2018 in February next year

Given that the Conservatives are forming a majority Government for the next five years, it is clear that the UK will leave the European Union and implement an expected New Withdrawal Agreement by January 31st in 2020.  This means Exit Day is January 31st 2020, and the “Data Protection, Privacy and Electronic Communications (EU Exit) Regulations” SI 419/ 2019 will come into effect.  Note added in Feb 2020: when I wrote the blog, there was no finalised New Withdrawal Agreement

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Human rights, data protection and what’s in the political manifestos

This is my review of the relevant part of the Conservative, Labour and Liberal Democrat Manifestos as they relate to data protection and human rights.  I present a series of quotes from each Manifesto so that readers can quickly see what has been promised by the three main Parties before drawing a few summary conclusions.  The Manifestos are all available online. Conservative Manifesto Strengthening the position of the Executive branch of Government: “After Brexit we also need to look at

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Using GDPR rights to stop misleading political advertising

I have to admit I was depressed at the “doctoring” of the interview between the presenters of Good Morning Britain and Sir Keir Starmer MP by the Conservative Party in the first week of November. In a general election, voters need information not disinformation. For those not familiar with what I am talking about, an edited recording of an interview with the Labour politician was used in a political advert.  However, a long pause was edited into the recording just

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Data subjects can use their rights to stop political advertising (in theory)

Yesterday’s announcement that Twitter is suspending targeted political advertising from next month (and Facebook’s decision today not to follow suit) has received front page coverage in the media. However, no-one has mentioned the fact that the GDPR/Data Protection Act 2018 (DPA2018) provides each data subject with the ability to stop such advertising.  This blog explains how (in theory) data subjects can stop receiving targeted political adverts (especially those that are likely to be “Brexit bus” misleading). Personal data that reveals political

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Major risks to data protection standards arise from the New Withdrawal Agreement, Political Declaration and the forthcoming General Election

Last week’s Queen’s Speech has been regarded as the Conservative Government’s shop-window of measures for its forthcoming General Election campaign; last Saturday’s vote on the New Withdrawal Agreement relates to what happens to Brexit in the meantime. This blog assumes the risk of hard Brexit is diminished until December 2020 and that the UK leaves the EU;  it covers the relevance of these two events to data protection and concludes: Item 1: GDPR standards maintained. If there is eventual Parliamentary

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When are facial recognition systems, used for law enforcement, not subject to a data protection regime?

This blog concerns the information processed by the facial recognition system used by South Wales Police (SWP) in the recent judicial review case (see references).  In summary, I don’t think the Data Protection Act 2018 (DPA2018) applies to most of this processing because the information processed by the system is not personal data. This is not the conclusion the Court arrived at in its recent judgment (the “SWP judgment”); the blog explains what this judgement missed and why its conclusions

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Judicial review: how did the Government decide that the immigration exemption was in “the general public interest”?

The immigration exemption in Schedule 2 (paragraph 4) of the Data Protection Act 2018 (DPA2018) has always been controversial; it is subject to a judicial review by the High Court, in London, on July 23 & 24. The controversy arises because an exemption that was not needed by the immigration authorities under the DPA1984, nor under the DPA1998, has nothing to do with crime, tax, any compulsory court order, any mandatory disclosure requirement or national security issue. However, suddenly this exemption became an urgent necessity

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Consent for access to phones in some rape cases implies that such access is not necessary for law enforcement

This blog shows that the current furore concerning access to a rape victim’s phone, relying on consent of a rape victim, sits uneasily with a data protection analysis.  I also point out that there appears to be three forms of “consent” floating around in the GDPR/Data Protection Act 2018 (“DPA2018”) framework. First of all, the relevant part of the DPA2018 to consider is the law enforcement elements, as access to the victim’s phone is by the police or prosecutors in relation

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Amberhawk wins a Cyber Security Challenge UK prize – but it has been returned

{Blog changed on 2nd April due to the threat of legal action by the Homeland Security Department of USA} Amberhawk is pleased to announce that it has won a Cyber Security Challenge UK competition for the best idea in 2019 (so far) to prevent cyber-crime in the young.  Our idea involves enhanced parental responsibility, increased awareness of computer crime and teaches children under the age of ten about the dangers from hacking.  No special technology or software is needed. To

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