Category: News

Data collected by Google’s drones is compliant with European privacy/data protection law

Buried in three of the 250,000 diplomatic cables published two years ago by Wikileaks was an obscure reference to a curious purchase made by Google from the Pentagon. These cables record that Google has contracted to buy all surplus surveillance drones as the USA military withdraws from Afghanistan and Iraq. These drones have been used to develop Google’s controversial StreetView service. Google’s idea is to have a drone electronically follow each StreetView CCTV camera car at a height of 50

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Local Government likely to follow NHS down the mandatory data protection audit road

I am going to make a simple prediction; within 19 months  Local Authorities will be subject to compulsory data protection audit. Why do I think that? Well I  think it is obvious if one reads the MoJ’s consultation document that argues that the ICO should have the power to audit NHS data controllers on demand. For instance, if you consider a “complaint” to the ICO as a possible data protection compliance issue, then the following Table shows that Local Government

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Could a Conservative Party lead by Theresa May drop the Data Protection Act?

Last week, Home Secretary Theresa May made a speech that could fundamentally alter the Conservative Party’s approach to human rights. The Party's currently policy position is that it would like to replace the Human Rights Act 1998 with its own Bill or Rights, but it would not derogate from the European Convention of Human Rights. Theresa May has put that all in doubt. In her speech, she said: “…And we need to stop human rights legislation interfering with our ability to

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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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Question answered: “Why does the European Commission think the UK’s Data Protection Act is a deficient implementation of Directive 95/46/EC?”.

Whilst preparing for “my day in Court”, I have realised that I also have had, for over a year, some further detail which explains why the European Commission thinks the UK’s Data Protection Act 1998 (DPA) is a deficient implementation of Directive 95/46/EC. I think I have the answer and this extra detail is the subject of this blog. Next Monday (11th Feb), I have my Tribunal hearing as to whether I can obtain the full text of the letters sent by

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EU Study calls for better privacy protection in the Cloud and more transparency re USA’s surveillance laws

Happy Data Protection Day. What better time for the European Parliament to publish a report that calls for more "legal certainty in jurisdiction-spanning transfers of data involving a multiplicity of data controllers and processors” and for the Safe Harbor Agreement to be extended to Cloud Service providers based in the USA. In a passage that will get all the headlines, the Report also calls for more transparency in relation to how law enforcement agencies in third countries (but in particular the USA) will use

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Cameron’s speech puts UK accession to any Data Protection Regulation and Directive in doubt.

In yesterday’s speech on the relationship between the UK and the Europe Union, the Prime Minister has raised doubts as to whether the UK will adopt both the proposed Data Protection Regulation and the Data Protection Directive in the field of law enforcement. Reading the runes: if the Conservatives win the next General Election, I think that implementation of both Regulation and Directive is unlikely. Why am I saying this? First, the Conservatives are going to consult business about the EU Regulations

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Scale of UK Government’s opposition to the proposed Data Protection Regulation and Directive made absolutely clear.

Last week, we had the European Parliament saying that the Commission’s proposed Data Protection Regulation and Directive should be strengthened; this week we have a publication that identifies the extent of the UK Government’s opposition to both. The document which expresses the nature of the opposition is the Government’s Response (“the Response”) to the Justice Select Committee’s opinion on the European Union Data Protection Regulation (and Directive in the field of law enforcement and judicial cooperation); its text shows what

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European Parliament mauls the Data Protection Regulation; enhanced protection for data subjects and fettering of Commission’s powers

Happy New Year. Nice to be back at work, I think not. In a 215 page report, the European Parliament has suggested 350 Amendments to the text of the Data Protection Regulation published last year. This blog gives you an impression of those proposed changes that caught my eye on a “speed read” of the Report (produced by Jan Albrecht, the rapporteur for the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs). I think the most important proposal is the fettering

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Communications Data Bill and data retention: critical report on the cards

On Tuesday, a joint Committee of Parliament will report its views on the proposed Data Retention Bill. This is the piece of legislation which, if enacted as published, would require ISPs, Google, telecoms operators and service providers etc to keep details of our use of the Internet (e.g. who we contact, when. where from etc.) are retained for up to a year. The purpose of this retention is to allow law enforcement agencies and national security agencies to dip into this information

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