Category: Freedom of Information

Amberhawk Training Schedule Winter/Spring 2015

 1. DATA PROTECTION BCS PRACTITIONER QUALIFICATION: The next standard DP courses are in London (starts 20 January 2015) and in Leeds (starts 22 April);  the next intensive DP courses are in Edinburgh (starts 9th March 2015) and London (starts 28th April)  2. NEW DATA PROTECTION BCS FOUNDATION QUALIFICATION:  we are delivering the new BCS Foundation Course in Data Protection syllabus in London (16, 17 and 18 March). This 3 day course is intended to ensure that the team that supports

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Conservative policy towards the Human Rights Act has serious consequences for privacy and freedom of expression

According to most of the broadsheets, if there is a Conservative Government after the next General Election, the European Court of Human Rights will no longer be able to overrule British courts. Under plans to be unveiled tomorrow (Tuesday) at the Conservative Conference, Chris Grayling, Secretary of State at the Ministry of Justice, is expected to state that a future Conservative Government will introduce legislation that ensures that Human Rights cases are determined by Britain’s Supreme Court and not judges

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Roll out the bunting: Durant judgment is good as dead and buried.

The spectre of Durant has haunted and stalked data protection officers for more than a decade; however, a case taken under the FOI Act has just exorcised this particular ghost. That is my conclusion from reading of the Court of Appeal decision that was published earlier this week (Edem v The Information Commissioner [2014] EWCA Civ 92). As Durant is now not the demon it was, it is important to trace the history (from Durant to Edem) to explain what

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The Campaign for Freedom of Information: a call to alms

Have you got a job with Freedom of Information (FOI) responsibilities? Well you owe the Campaign for Freedom of Information for your job. Have you got a business that gains revenue from FOI? Well that part of your business owes the Campaign too. Have you used the right of access to Health Records, Social Work Records, Education Records or Housing Records to sort out a personal problem? Well you owe the Campaign for Freedom of Information for that right of access. Have you

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Amberhawk’s consultancy arm launched today

This is a brief blog to announce the launch of “Amberhawk Associates”, the consultancy arm of Amberhawk Training. This is a new development for us; we intend to ensure that Amberhawk’s reputation for high quality training is extended by providing clients with access to "top notch" advice and guidance from experienced information law practitioners. All the collaborating Associates have a strong professional reputations in the field, and have already delivered a range of information law services across a wide range of

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Has the Scottish Information Commissioner got the data protection/freedom of information interface wrong?

“The time has come" the walrus said, "to talk of many things. Of FOISA/DP interface and Scottish mis-givings”. Because of a recent Supreme Court judgment concerning the Freedom of Information (Scotland) Act (FOISA), the approach of Scottish Information Commissioner (SIC) towards the data protection/FOISA interface is set infect FOIA Tribunal Decisions for the rest of the UK (see references for full details about relevant cases). I will put my cards on the table at the risk of a boycott of

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State secret: “why the Data Protection Act 1998 is defective”.

Oh dear. Lost again.  The Tribunal has decided not to allow UK citizens to know why the Data Protection Act 1998 is defective, even though we are all discussing its replacement. The Tribunal decided at the time of the request, that the exemptions claimed by the MoJ applied. However, the judgment ends with the following statements; do you think that this is an invitation to do the whole request again? If so, can you post a comment (without expletives) on this

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Irish data protection regulation text gives Google and Facebook the upper hand

Would you be surprised if the Irish text of the Regulation could allow a Member State, most likely Eire, to implement specific exemptions for companies like Google and Facebook from those data subject rights that involve accuracy, correction, erasure of personal data and the so-called “right to be forgotten”? In addition, would you be surprised if the definition of “main establishment” introduced by the Irish could mean that any enforcement action against such companies would be prolonged and could easily

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Latest leak: the new Data Protection Regulation is looking more like the old Directive

Here is a swift “low-down” on the latest DAPIX leak (thanks to a friend of a friend who knows someone who received an email). I think the headline says it all; the Regulation is being softened and weakened from the data subject perspective. The DAPIX document (see references for a copy) only refers to some Articles so the general effect on the Regulation is not clear from the document. However the direction of travel is clear. That direction is; less

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Update on my Tribunal hearing re data protection infraction letters

I have had a several inquiries as to how my Tribunal appearance went (see  blog of 6th Feb for details of the subject matter of these proceedings) Well I was hoping to do a full blog, but Monday's hearing was adjourned and we might have to lock horns at a later stage. Reading the runes, the MoJ was cross examined for more than 2 hrs in closed session (more than twice as long as timetabled) after which I was told that I

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