Category: News

Oyster Card Passenger Name Record system to protect London Olympics

The European Commission has published today a proposal for an “Oyster Card Passenger Name Record (OCPNR) Regulation” to fight serious crime and terrorism before and during the London Olympics. The proposal obliges Transport for London (TfL) to provide EU Member States with data on passengers using London Tube and Bus system whilst at the same time guaranteeing a high level of privacy protection for Olympians and other VIPs. "This proposal for an OCPNR Regulation is an extension of the existing PNR

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Data Protection: forget about a “right to forget”

Last week, I had a speaking slot at the Westminster Media Forum’s event on “Social media, online privacy and the right to be forgotten”. My comment that the proposed “right to forget won’t work” was widely reported, so I think it is incumbent on me to detail the argument. I also think there is a better way of dealing with this issue through the use of the “right to object” to the processing. The “right to forget” is very laudable.

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The confidentiality of personal data in the Census 2011 is not guaranteed

Like you, I have received my 2011 census form from the Office of National Statistics (ONS). The cover page prominently states, in bold, “Your personal information is protected by law. Census information is kept confidential for 100 years”. Like you, perhaps, I have taken this statement at face value. However, preparing for our Privacy Impact Assessment (PIA) course, I came across the PIA for the Census (see references). Under the heading “Keeping census records confidential”, the Census PIA states that

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RIPA changes in Freedoms Bill: negligible improvement in privacy protection

The “Protection of Freedoms Bill” has a wholly misleading title; the legislation simply does not do what it says on the tin.  The CCTV provisions (see blog of 16/2/2011) have more to do with efficient surveillance rather than privacy protection, and in my last blog (3/3/2011), I reviewed the Information Commissioner’s concerns re the use of personal data in DNA profiling or in vetting. For completeness, this blog addresses the additional privacy protection afforded by the proposed changes to the

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ICO evidence identifies data protection concerns over Freedoms Bill

The Information Commissioner (ICO) has just published a critique of the Home Office’s Freedoms Bill, which is being sold to the public as reining-in New Labour’s surveillance state. This blog reports on this critique (for a copy, see references). Although there is general applause for the fact that the Government has recognised that there has been excessive intrusion into privacy, the ICO’s analysis points to a number of serious deficiencies. I report most of these difficulties mainly in the Commissioner’s

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European Commission explains why UK’s Data Protection Act is deficient

 The European Commission has released details as to why it sees the UK Data Protection Act as an improper implementation of Directive 95/46/EC, so much so, that it is considering infraction proceedings. Correspondence between the Commission and the UK Government has been exchanged, and despite the possibility of litigation, very little has been published or explained to MPs or MEPs. Hence the “liberation” of information from the Commission about these infraction proceedings is very timely. It is also the

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Protection of Freedoms Bill promotes efficient CCTV surveillance not effective privacy

The hype surrounding the CCTV/ANPR provisions in the Protection of Freedoms Bill is misplaced. In fact, I would argue the Bill’s provision for a Statutory Code of Practice in the CCTV area represents little change on the privacy front, but a huge change in the potential for enhanced surveillance. A statutory code of practice covering CCTV/ANPR is to be produced by the Home Secretary and regulated by a new “Surveillance Camera Commissioner”. The Code’s application is limited to policing bodies

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Ignored notification requirements cast doubt about Sensitive Personal Data

Directives often contain a notification provision which place each Member State under an obligation to report certain activities to the European Commission. Following a FOI request to the Commission, it has emerged that the UK Government has ignored its notification obligations in relation to the Data Protection Directive; this raises the general question of whether notification requirements in Directives are effective. With respect to the processing of sensitive personal data without the consent of the individual concerned  (e.g. processing details

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Why the PNR Directive is disproportionate and does not protect privacy

Last week the European Commission unveiled its proposal for a Directive that allows for the interchange of Passenger Name Records (PNR) relating to all air travellers flying internationally within the European Union. Surprisingly, the drafting of the Directive reveals that it is disproportionate! When you first look at the Directive, with its emphasis on the use of PNR records in relation to “terrorist offences” or “serious transnational crime”, the first response is: “that’s OK with me”. Even when there is

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How the Information Commissioner would improve Data Protection law

Last Friday, data protection day, was commemorated with a meeting organised by the Ministry of Justice in Whitehall. At that meeting, David Smith, the Deputy Information Commissioner (“D. I. C.”), reviewed the Information Commissioner’s wish list of changes to data protection law. This blog reports on the content of that list. Regulation or new Directive Speaking to “very well informed sources” at a break in the meeting it became clear that the UK Government wants the changes to data protection

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