Category: Freedom of Information

Upper Tribunal undermines data breach reporting under the UK_GDPR?

The Upper Tribunal (UT) appeal [DSG Retail Limited -v- ICO; see references] is important even though it relates to the DPA1998; the judgement has the potential to undermine the data breach reporting requirements of the UK_GDPR/DPA2018. This blog explains why this is the case, why legislative changes might prove to be necessary and, for good measure, provides details of two errors in the UT’s analysis. The appeal concerns the meaning of “personal data” in the context of the security obligations

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Omissions in Human Rights proposals degrade privacy and freedom of expression

A brief blog to encourage readers to submit comments to the MoJ's Human Rights consultation that ends today at a minute to midnight.  I also make available a copy of my evidence to the MoJ (see references). This Consultation has slipped through the net relatively unnoticed as it is aimed at “legal practitioners”, “experts”, “academics” and “advocates of human rights law”. The Consultation is NOT aimed at the 60 million data subjects who are directly affected by the proposed changes. 

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Human Rights proposals undermine Data Protection and Adequacy

The proposals to change the human rights regime outlined in Ministry of Justice (MoJ) Consultation,  “Human Rights Act Reform: A modern Bill of Rights”, are truly awful.  This is especially the case when combined with the proposed restrictions on Judicial Review that helps ensure that public authorities process personal data lawfully in accordance with Article 8 (A.8) of the Human Rights Convention. As will be seen in the next few blogs, the human rights legislation that protects us all and underpins

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Ministerial kisses captured on camera raise major surveillance issues for Parliament

Members of Parliament are concerned about last week’s resignation of the Health Secretary and this is not because Mr. Hancock breached his own COVID regulations and was caught canoodling in front of a CCTV camera.  The concern arises because the CCTV images were covertly taken from inside Mr. Hancock’s Ministerial Office and disclosed, without authority, to The Sun newspaper. If this can happen to a Cabinet Minister, MPs are wondering, what is the level of state surveillance that can be

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UK’s “world class” data protection regime had 20 faults

Since the Brexit Vote in 2016, the Government has described the UK’s data protection regime (e.g. the DPA1998) as “world class”.  This description has stuck in my craw because, since 2005,  I have unsuccessfully tried to “liberate” official information, held by Government, concerning several deficiencies in this “world class” regime. Nearly two decades of Freedom of Information (FOI) requests later, last month (March 31st), I “ZOOMed” into another “Groundhog Day” FOI Tribunal to make the latest round of arguments.  This

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The next Information Commissioner likely to dance to the Government’s tune and thereby lack credibility

A brief blog on two recent publications in the press that herald the appointment of a malleable Information Commissioner to replace Ms. Denham in October.  According to these documents, the replacement Commissioner could well be expected to make decisions that favour Government policy (e.g. in data sharing; with respect to the National Data Strategy). The first publication is the column that appeared in the Financial Times (FT) on February 27th; it is written by Oliver Dowden,  Secretary of State for

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A Framework to undermine the ICO’s ability to enforce the new Data Protection Bill across the public sector

The Government has just inserted clauses into the DPBill that allows the Secretary of State to issue a “Framework for Data Processing”, initially for each Government Department.  This Framework has the status of statutory guidance and “will set out the manner in which government should process (personal) data”. In effect the Framework is like a statutory Code of Practice; its aim is to “improve the transparency and clarity of existing government data processing”. The Framework, according to the official explanation,

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Conservative manifesto hints at gradual ECHR withdrawal and the establishment of a national population register?

As is usual, this is my summary of the extract of all the main Party Manifestos that relate to data protection and human rights (Article 8 and 10) issues. The main controversy relates to the Conservative manifesto which hints at leaving the ECHR after the next General Election in 2022 and raises the prospect of the establishment of a national population register. I explain any controversy in comments associated with the relevant parts of the manifestos below. However, in summary: All Parties,

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UK’s GDPR law will not be judged “adequate” if it contains provisions that made the DPA inadequate

Many readers know that, since 2005, I have tried to use Freedom of Information legislation to find out what is behind the “on-going” infraction proceedings, commenced by the European Commission against the UK. This is because the UK’s Data Protection Act (DPA) is, according to the Commission, a defective implementation of Directive 95/46/EC. So what are these defects? Should data protection practitioners know what they are? Readers also know the answer to both questions is a resounding “NO” as publishing

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Party promises on Data Protection, FOI, Digital rights, Human Rights, Leveson and mass surveillance

At great risk to my mental health, I have extracted the relevant parts of the Party Manifestos.  Here they are without comment. URLs for each manifesto is at the end; address of my psychiatrist available on request.  CONSERVATIVE There is no explicit mention of data protection, freedom of information or privacy. “The next Conservative Government will scrap the Human Rights Act, and introduce a British Bill of Rights. This will break the formal link between British courts and the European Court

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