Category: News

Government to permit council officials to gain routine access to tax records; powers extend well beyond the justification for data sharing

The Local Government Finance Bill, now before Parliament, is drafted in such a way that it could permit the routine disclosure of tax records and other personal data held by HMRC to council officers for several council tax related purposes. The powers also allow HMRC to disclose such details directly to contractors of the Council (e.g. perhaps those IT service providers based overseas or in the Cloud); this could permit tax details to go to many interesting destinations outside the

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Fines for non-registration with the police? Reforms permit enhanced secondary use of electoral rolls.

Should you be fined if you failed to register with the local police, the national security agencies, any Government Department or a Credit Reference Agency? Should the national security agencies, for instance, be entitled to create a population register, the core of which could be similar to that of associated with the ill-fated ID Card (much beloved by the previous Government)? Surprised by these questions? Both these outcomes are possible, courtesy of the Electoral Registration and Administration Bill just published

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Desire for a FOI charging regime equates to reduced accountability of public bodies

I have to confess that I am just a normal type of guy who reads Hansard and watches the BBC’s Parliamentary Channel. The last (wet) bank-holiday weekend, for instance, there was a riveting repeat of Jack Straw’s evidence to the Justice Committee on the operation of the Freedom of Information (FOI) Act. As Home Secretary, Jack Straw was responsible for piloting the Data Protection and Freedom of Information Bills through Parliament; he knows where the legislative skeletons can be found.

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Is the Surveillance State being resurrected? Assessing whether privacy is protected when surveillance policy is developed

April is becoming a month of resurrections. The last blog referred to the Members of an Information Rights Tribunal resurrecting the corpse of Durant which then bit them; they were thus turned into zombies and issued a Decision that I will politely call “provocative and novel”. Last month Theresa May resurrected the data retention ambitions of GCHQ so that all contact details, dates and times of all electronic communications between all individuals in the UK are retained for a year or

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Durant strikes again! The names of those investigating complaints are not personal data

The Information Tribunal has just adjudged that the names of three junior members of staff who had a part in an applicant’s complaint to the Financial Services Authority (FSA) can be disclosed as part of a Freedom of Information (FOI) request. The Information Rights Tribunal, following Durant, concluded that the names of these staff were not personal data. As every data protection aficionado knows, mentioning Durant is rather like swearing in public, as its application can result in bizarre conclusions;

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I have been taken to the Promised Land and seen our data protection future

I have just attended an interesting (and partly depressing) data protection event which considered the implementation of the Data Protection Regulation. The European Commission’s spokesperson (Paul Nemitz) signalled an inflexible approach towards the implementation of the Data Protection Regulation; he stated that he would consider amendments that make the Regulation work better but not those amendments that were based on alternative (and better) ideas. At the meeting Mr Nemitz pointedly said that in Germany there is a high level of

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Facebook passwords and employment: why data protection works and Facebook’s promise to take legal action to protect privacy doesn’t

The Huffington Post has recently published a story that begins thus:  “When Justin Bassett interviewed for a new job, he expected the usual questions about experience and references. So he was astonished when the interviewer asked for something else: his Facebook username and password”. So what would you do in such circumstances? And what would the data protection implications be if this happened in the UK?  The conclusions I have reached is that the UK Data Protection Act would apply

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The Commission’s Data Protection Regulation: weaknesses from the data subject perspective

Next week, the ICO is holding a meeting to discuss, in detail, the Regulation as published by the European Commission. So, I have decided to publish our comments on the Regulation (see references) and use this blog to provide a summary of the key points. The comments I make focus on how the Regulation can be improved from the data subject perspective. This is because the initial “Call for Evidence” by the MoJ was more like a “Call for Ammunition”, where the

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EU’s Data Protection Regulation: divisions exposed as Member States show disharmony.

 DAPIX is the Working Party on Information Exchange and Data Protection where delegations of civil servants from Member States discuss the European Commission’s Data Protection Regulation. The minutes of the meeting held on 23-24 February shows that there are deep divisions as to the content of the Regulation; in fact, the minutes record that only “a few delegations supported the Commission in its choice of a Regulation”. I can also reveal the Commission’s “hoped-for” timescale for the discussions about

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Google’s Privacy Policy: incoherent and does not meet the standards of the USA’s own Safe Harbor Principles

Google’s new combined Privacy Policy (March 2012) has been widely criticised by privacy professionals and Data Protection Authorities (in particular the CNIL – the French Data Protection Authority). However the reasons for this criticism have been made in general terms; the analysis I have published (see references) provides a detailed explanation. The analysis shows that Google’s Privacy Policy is incoherent because it uses overlapping terms. This makes the Policy difficult to follow or to understand what type of information the

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