Category: News

Analysis of proposed PNR Directive exposes absent or minimal data protection and privacy safeguards

The proposed PNR Directive, if implemented by Member States in its current form, promises a low level of data protection and the absence of obvious privacy safeguards. The Directive permits a system of data protection regulation for PNR data that is fragmented and role of the data protection authority that can be minimised by Member States. There are also particularly weak provisions relating to transparency. The current text allows Member States the flexibility to transfer PNR data to any third

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Privacy and the media: Daily Mail knowingly publishes inaccurate personal data in order to undermine privacy injunction

I think the Daily Mail, the newspaper that has Paul Dacre at its helm, has blown it. According to a Court judgment issued last Friday, he has allowed his newspaper to publish deliberate untruths in order to further his campaign against privacy injunctions. The injunction in question involved “Fred the Shred”, the erstwhile banker who has cost the taxpayer millions of pounds when the Royal Bank of Scotland (RBS) collapsed. So how did the Daily Mail attempt to undermine a

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Government approach to any new Data Protection Directive revealed by Minister’s speech

As a Friday bonus, I make available the speech by Kenneth Clarke, UK's Cabinet Minister responsible for data protection about the forthcoming data protection changes in the Directive (see references). In summary, if the EU does not change its tack, the UK will either disagree with the proposed changes or delay matters as it did with Directive 95/46/EC. The UK does not like the inclusion of law enforcement agencies, nor the right to forget, nor most suggested major changes if one is

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Privacy, the Press and Twitter: some uncomfortable truths

I wrote last Friday’s blog before the weekend’s Twittering events and it is quite clear that the injunction protecting the footballer’s privacy is unsustainable. Clearly barring all of the press from mentioning a name simply is a non-starter (especially as the footballer’s name was chanted by fans at yesterday’s Premier League games). However, several facts are being missed in the current reporting furore. First is that the Court granted the footballer an injunction because the newspaper concerned was the beneficiary of an

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Privacy, Press, the super injunctions Review and anonymous use of Twitter

As far as I can see, the Review of the use of super injunctions by a Committee headed by the two senior judges in the UK is: “no change except at the procedural fringe”. The Review more or less throws down the gauntlet to Parliament and states that it has either to change the law, otherwise the Courts will continue onwards as before. The suggested procedural changes act at the superficial level, shorter periods for super injunctions, more review of their necessity,

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Privacy: new Government revelations amplify concerns surrounding deficiencies in UK’s Data Protection Act

The Government has been required under Freedom of Information rules to release further details of those protracted infraction proceedings concerning the deficiencies in UK’s Data Protection Act. For the first time, UK citizens can see why the European Commission believes that eighteen of the thirty four Articles in the Data Protection Directive 95/46/EC have not been properly implemented by the UK Government. The detail that the Government has been forced to release is far more extensive than the Commission’s own

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Cartoon: with recent data losses in mind

                                                          ©Chris Slane Advert. Forthcoming courses: Data Protection: London from May 10th; Manchester starts on 12th May.    FOI starts in London on 13 June.  Includes ISEB syllabus. Next Update is October 17th 2011 in London. We have timetabled our Audit, Privacy Impact Assessment, and RIPA courses for September 12th, 13th and 14th in London. Full details on the Amberhawk main site (www.amberhawk.com)  

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Privacy, the Press, Press regulation and super-injunctions: more heat than light

Super injunctions just for the rich and powerful? The Courts making it up a privacy law as they go along? Is that the impression you get from the media coverage of the current super injunction case? However, did you know that, in this case, the Court concluded that the question was more about blackmail than free speech? Did you know that the newspaper did not provide any evidence as to why the public interest was served by disclosure? [Note added on

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Privacy, the Press and journalist hacking: Answers to some unanswered questions

I thought I would put into the public domain my answers to some very important questions surrounding the journalist phone hacking scandal. Of course I am reading the runes to obtain my answers, but after all its Friday – the day when one can speculate irresponsibly. However, please look carefully at what is said about “acceptable use” policies. Q1: Why has the Metropolitan Police upped its inquiry and have 50 officers on the case? I think the Met Police had

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Data Protection: UK wants to extend PNR Directive despite proportionality fears and the lack of evidence

Last week the European Data Protection Supervisor (EDPS) posted a damning report into how the proposed Passenger Name Record (PNR) Directive was disproportionate and failed to protect the privacy of passengers arriving in Europe. At more or less the same time the UK Government, with the support of a Committee of the House of Lords, supported the extension of this Directive to include the capture of details of passengers using internal flights within Europe. This proposal is being pushed through

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