Category: News

Briefing as to the status of the Data Protection Regulation

  I thought I would write a blog that explains where we are in relation to the Regulation. Just over two years ago, the European Commission published a proposal for a Data Protection Regulation to replace Directive 95/46/EC. Following publication, the Commission’s text has been scrutinised by the European Parliament and by the Council of Ministers. Each of European Parliament and the Council of Ministers can propose amendments to the Commission’s proposals and each approves a text containing amendments to

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Should national security certificates exclude the Data Protection Principles?

  An analysis of Section 28 Certificates issued by the previous Labour Government shows that the exemptions for the national security function are excessive. The recent publication of a “memorandum of understanding” and analysis of the TfL Certificate (last week’s blog) shows that the current Government has continued this policy. It is my view, that if the national security agencies were required to apply the data protection principles, subject to appropriate exemptions and an effective system of regulation (not necessarily

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Data Protection Day: Home Secretary signs a national security certificate to permit the unacceptable

Happy Data Protection Day. This is perhaps an appropriate day to read the National Security Certificate signed by Theresa May, Home Secretary, in 2011; it involves the capture of images from Transport for London’s (TfL’s) Congestion Charge CCTV/ANPR cameras and their onward disclosure, via the Metropolitan Police, to the national security agencies. In summary, the Certificate is broadly drafted and allows for disclosures for purposes that are not necessary for the functions of the national security agencies; the drafting could

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Leaked GCHQ Xmas Card resonates to Tolkien as Advocate General slams Data Retention Directive as breaching ECHR

  I have just received from the Dark Web, a samizdat copy of GCHQ’s Xmas card complete with cartoon from Chris Slane. The references (see below) provide a download of the complete Xmas card, which presumably can be printed out on cardboard in hard copy. I think we can assume that the card is genuine as it contains the exemption notice from the FOIA regime which I came across when I sought access to an unrestricted document (“HMG IA Standard

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Ms Reding heralds a “disappointing day for data protection” as leading lawyers have a public cat-fight

Last Friday, the Data Protection Regulation faced a tough challenge; at the Council of Ministers, two influential lawyers advising the Council and the Commission had a public disagreement which exposed two fundamentally different opinions. The unexpected (and late) disagreement was over whether the one-stop shop was lawful. Two years after the proposal was first suggested by the Commission, leading legal services counsel for the Council of Ministers lobbed a hand-grenade into the discussions: he labelled the one-stop shop as being a “very bad outcome” for data subjects and

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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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Data Protection Regulation: is it on or off?

Following last week’s European Summit Meeting of Heads of State, many commentators have assumed that the Data Protection Regulation will fail to meet the June 2014 deadline; I am not so sure of this and I explain why. As you know, the Regulation passed the European Parliament hurdle two weeks ago; it is waiting now for the Council of Ministers meeting in December to see what further progress it will make. Anyway before the Summit, Mr. Cameron, our PM, arrived

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EU Parliament proposes 100 million euro fines for non-compliance with Data Protection Regulation (or more).

Well I have just had a speed read of the leaked amendments that are being debated by the European Parliament today (see references). The general impression is that the Snowden revelations about the NSA has strengthened the Parliament’s view on the provisions that relate to the protection of data subjects when there is data sharing with the authorities. I have also concluded that all that lobbying by corporate USA and Internet business has come to very little. They have very little to show for their

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Select Committee criticises ICO’s approach to Millipede; prospects for successful enforcement are poor.

In my previous blog on Operation Millipede, I said that October 8th would be an interesting day; and so it turned out. The Home Affairs Select Committee is not convinced that the Information Commissioner (ICO) is going about his investigation in the right way and MPs on the Committee made their objections abundantly clear. To some extent, I agree with the Committee’s assessment and I explain why in the blog. Contrary to the ICO’s assertions before the Committee, I think a Monetary Penalty

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