Category: News

Government’s policies on privacy and data protection have a SNP twist

Now that last week’s General Election is done and dusted, what can we expect with respect to data protection from the new majority Conservative Government?  In summary, there is much in the first year program that could impact on privacy. In addition, given the SNP landslide in Scotland, there is the interesting question of whether or not Scotland will emerge with more privacy protection than the rest of the UK. The European “in-out” referendum After a negotiation, the Government intends

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Tripartite version of the Data Protection Regulation leaked

Statewatch, bless them, have liberated 630 pages of the four column Data Protection General Regulation text that lists the Commission’s original text, the European Parliament’s changes, the Council of Ministers' version and a fourth column for the compromise that will be imposed on us all. Assuming agreement by the Council of Ministers in June, it is this 4 column version that goes into forthcoming the secret tripartite negotiations; a practice which is coming under scrutiny by the European Ombudsman. Perhaps the Ombudsman can

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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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Confirmation that the Data Protection Regulation reduces protection for data subjects from Directive 95/46/EC

It appears that DAPIX civil servants are burning the midnight oil in an attempt to agree a draft text of the Data Protection Regulation which can be put before the Council of Ministers at its June meeting. Such a Ministerial agreement would then trigger tri-partite negotiations with the European Parliament and the Commission with the objective of producing a final text of the Regulation (my guess is still January-March 2016; implementation early 2018). To get to a June agreement, the

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GCHQ to offer email services and obtain consent for mass communications data retention

One of the papers published by the Intelligence and Security Committee (ISC) with its report into “Privacy and Security” contained a five-page memo from GCHQ’s legal advisers (see last week’s blog and references).  It suggests that the secret organisation is about to offer email services to the public in order to allay concerns about the mass retention of communications data. I have checked with a leading domain name registration company, and it appears that the first steps have already been

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Intelligence and Security Committee ignore the Data Protection Principles in its attempt to restore public trust in bulk data collection

Suppose you are on a jury in a case about tax evasion.  What would you think of a defence on the lines: “the accused did not seek to circumvent the law”?  Would you accept this statement and return a not-guilty verdict? Well this, in summary, is what the Intelligence and Security Committee (ISC) has done.  In its press release associated with its report ‘Privacy and Security: A modern and transparent legal framework’, the ISC states: “The UK’s intelligence and security

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Development of a Scottish Population Register/ID Card Scheme is subject to ICO criticism

In January,  I published a blog on how the Scottish Government were consulting on plans to transform the current NHS Central Register (“NHSCR”) into a population register without much thought about the Data Protection Act (DPA). The ICO has just published a contribution to that consultation  process that, when you strip away the diplomatic language, comes to a similar conclusion. What I did not know at the time of writing the blog was that there was a flourishing “Entitlement Card”

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Why the Data Protection Regulation is likely to provide a lower level protection than Directive 95/46/EC

This blog explains why I think the Italian text of the Regulation published just before Xmas is likely to provide data subjects with a lower level of protection than Directive 95/46/EC or even the current Data Protection Act 1998 (DPA). In the blog, I raise four areas to make the case: A carve out for the public sector (this allows Member States to legitimise processing that otherwise could be in breach of a data protection requirement). The “risk based” approach

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When are personal data not personal data? The answer may be the solution for maintaining privacy in the Cloud?

Musing over the definitions again – there are worse habits you know! Suppose you have a data controller who holds personal data and uses an IT company to process the data and suppose further, the IT company does not have access to any identifying details (i.e. the controller retains ALL identifying data and the IT company has no identifying data or data that could lead to identification of data subjects). Clearly the data controller is processing personal data but is the

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ECJ Ryneš ruling implies IP addresses are personal data in themselves

What better way to spend Data Protection Day (yesterday) than having a light-bulb moment; this is especially the case as, at my age, light bulbs tend to go in a different direction. My thoughts on IP addresses were triggered by the Ryneš ECJ case (domestic purposes exemption does not apply to surveillance of public places from a domestically installed CCTV). I think the Ryneš case strengthens the argument that an IP address is personal data in many instances. If I

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