Category: News

Cabinet Minister who doesn’t understand Data Protection has extensive powers to exempt the Principles

We have all seen tabloid headlines such as “Data protection kills pensioners” or “Privacy law protects Peados”. It only needs a modicum of data protection knowledge to understand that such headlines are ill-founded, display considerable ignorance of the law, and are complete rubbish. Sadly, the Secretary of State for Education, Michael Gove MP, is a believer in this type of claim. Consider this comment from Mr. Gove in the Daily Telegraph last week where he put his name to a

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A “Jacobs” question: “should CESG be independent of GCHQ?”

Let us suppose you are a hugely wealthy celebrity trying to secure your mansion: electronic locks, CCTV on the gates, unbreakable doors and windows, secure panic room, electronic movement alarms covering the acres of garden and all the other high-tech security paraphernalia. Who would you go to for advice? Well I just have had a brilliant idea. Why not go to the police and ask them “I need secure my home; who is the best house burglar on your books so

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Does quashing the Scottish Borders Monetary Penalty mean a change to ICO enforcement policy?

I have just read the Scottish Borders Tribunal Decision and the reasons why the Tribunal quashed the Commissioner’s Monetary Penalty Notice (MPN). It is clear from the judgment that the Tribunal thinks that the Information Commissioner (ICO) should have served an Enforcement Notice. The Tribunal has hinted that ICO should, even at this late stage, serve an Enforcement Notice and that Scottish Borders should accept it. The fact that the Tribunal’s Decision is designated to be “Preliminary Decision” means that

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Spot the terrorist? Data protection and the seizure of personal data on laptops at airports.

As you are probably aware, Mr. Miranda is the partner of the Guardian journalist who has been using the documentation provided by whistleblower Mr Snowdon to publicise mass surveillance by the NSA and GCHQ.  Last Sunday, under the Terrorism Act 2000, he was detained at Heathrow for nine hours whilst in transit from Germany to Brazil; his equipment was also seized (laptop, phone etc). I thought I would do a detailed blog on the interplay between data protection and terrorism law as it

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Exemptions in the Irish draft of the Data Protection Regulation is a recipe for disharmony and permits Member States to order PRISM type disclosures

I have just realised the Irish revisions to the text of the European Commission’s Data Protection Regulation anticipates Member States enacting legislation that requires data processors to disclose personal data, possibly for any exemption specified in the Regulation, without the knowledge or consent of the data controller and, if needed, contrary to any instructions given by the data controller. The possibility of such disclosures extends well beyond the “NSA and PRISM” circumstances exposed by whistle-blower, Mr. Snowden. Indeed, I would argue that

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Section 55 custodial offence left waiting for Leveson and party politics

The Government has decided not to commence the custodial element of the Section 55 offence of the Data Protection Act until the Leveson’s recommendations in relation to the press regulation are done and dusted. Indeed, I now suspect that the Government does not want to commence a custodial S.55 offence at all. In addition, one can expect that data protection, phone hacking and blagging will continue to be in the headlines over the next few months. This is because the

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Is the Irish Commissioner correct to claim that he can’t investigate Apple and Microsoft over PRISM?

Yesterday (Friday; 26th July), Reuters reported that the Irish Office of the Data Protection Commissioner (ODPC) had refused to look at the transfers of personal data undertaken by Apple and Facebook to the USA. An Austrian student activist group had asked the ODPC to investigate allegations that the U.S. National Security Agency (NSA) harvested emails and other private data via PRISM. This blog explains why I think the ODPC analysis is wrong. PRISM is the controversial programme that allegedly gives

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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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Is the Data Protection Regulation dead? If not, should it be?

Are you thinking what I am thinking? I think you are. Week last Monday, I attended a meeting of the Government’s Data Protection Advisory Panel, the Group that discusses the Data Protection Regulation with officials negotiating for the UK. I came away from that meeting thinking that, because of the range of disagreements over its content, the Data Protection Regulation is not going to be agreed before the June 2014 deadline. Because of this, I think progress with both the

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Of mice, NSA, GCHQ and data protection

Suppose you see a mouse in your house; is this the only mouse in your house? The relevance of the question will come apparent when we dig deeper into those infamous “black boxes” allegedly used by the USA’s National Security Agency, the latest GCHQ mass interception fandango, and the responsibilities of the Information Commissioner. With respect to the “black boxes”, I am surprised that no-one has linked the latest machinations with the SWIFT (Society for Worldwide Interbank Financial Telecommunication) debacle

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