Category: News

Privacy by Design and Isaac Newton: the need to address Newton’s Third Law

I have just come from a morning session on Privacy by Design (PbD) where the ideas, first presented by Dr Ann Cavoukian in 1995, are set to become tomorrow’s data protection orthodoxy (if the Regulation sees the light of day). The session started with a quotation from Newton, ostensible made when he published his ground breaking Principia in 1687: “if I have seen further, it is by standing on the shoulders of giants”. In the context of PbD, I immediately

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Hawktalk is on holiday

All the best for the forthcoming holiday. Back online in early September In the meantime, if interested in our courses (see left hand side), email info@amberhawk.com

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Psssst! Want to know what the UK or any other Member State thinks about the Data Protection Regulation?

“Hats off” to Statewatch. I don’t know how they do it, but they have just managed to liberate a 170 page document from the Commission that explains what each Member State thinks of the Data Protection Regulation. The UK, of course, has the largest number of pages outlining its objections (24 pages in all). So here is a summary of some of the key issues for the UK with the Regulation. All sentences that are not italicised are quotes from

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Surveillance Commissioner warns about significant RIPA failings, unregulated private sector surveillance, and surveillance using the Internet.

Reading between the lines of the latest Annual Report of the Surveillance Commissioner (published last week) there is much to worry about; a lack of resources is undermining privacy protection and the system of supervision. As well as this significant degradation in privacy protection, the Surveillance Commissioner hints that the monitoring of users on the Internet might be unlawful if it does not consider the requirements of the Regulation on Investigatory Powers Act 2000 (RIPA). He also implies that the

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Local Government to be subject to wide data matching powers.

In August 2010, the Audit Commission was targeted for abolition. At that time, I asked “who would get the Commission’s data matching powers?”. Two years later we have part of the answer: the Secretary of State (SoS) responsible for Local Government. In a draft Audit Bill published last week, Eric Pickles (the current SoS) is suggesting he is given wide ranging data matching powers that covers all local government functions (and all public bodies that deliver local government functions –

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Guilt by innuendo: recent press reporting of Google’s StreetView affair demonstrates need for enhanced protection for individuals

I think 99.999% of people in the UK have never met, or heard of, Mr. Stephen McCartney. Those attending data protection conferences might recall him speaking about his policy role at Information Commissioner’s Office (ICO); indeed we have asked him to speak at our Update sessions because he is articulate and thought provoking. Yet Mr. McCartney has become a central figure in the national press and the blogosphere over a story about the ICO’s investigation into Google’s StreetView. Mr. McCartney

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“Open data” White Paper could mean open season for enforced subject access

The Government has just published its ideas for allowing general access to data (which includes the intention to allow individuals on-line access to their own personal data). In general, I support this measure but sadly, the Open Data White Paper has not even considered that it has widened the privacy problems associated with “enforced subject access” (see references). In the White Paper, the Government states that it wants to make personal data available to the data subject by a secure portal.

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Expect 1,000 objections by Member States to the EU’s Data Protection Regulation.

About three months ago, I blogged about the considerable Member State “disharmony” about the content of the Data Protection Regulation published in January. Well the disagreements have multiplied, and the Council has “released” a revised position on the first 10 Articles of the new Data Protection Regulation that will replace the 1995 Directive. The changes favour data controllers. The text contains details of 147 Member State reservations on Articles 1-10 and 80(a) and 83 (about one ninth of the 90

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Do Google’s StreetView images constitute unfair and excessive processing? Does a Swiss Court’s conclusions translate into UK law?

In one of my blogs on Google StreetView (see references), I said that the Information Commissioner (ICO) could not serve a Monetary Penalty Notice (MPN) on Google when its software captured some personal data from household Wifi systems. This assessment was based on the fact that Google published statements to the effect that only an insignificant cache of random personal data was captured and that any capture of personal data was wholly unintentional. I argued that the problem when serving

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Do all Conservative Ministers use personal emails and texts to avoid FOIA?

I am beginning to think that there has been a systematic attempt by all Conservative Ministers to evade the obligations of the Freedom of Information Act (FOIA) by using personal emails and texts to discuss policy matters. At yesterday’s Leveson Inquiry, a second Cabinet Minister (Jeremy Hunt), admitted that he ONLY uses personal emails to discuss policy matters with his special advisors. It is well known that the Education Secretary, Michael Gove, is challenging a ruling by the Information Commissioner

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