Category: News

Clues to the content of a new Data Protection Directive

What does future legislation in the field of privacy and data protection look like? An idea can be garnered by looking at the common ground between privacy advocates such as Privacy International (PI), academic groupings such as Cyberspace Law & Policy Centre at the Faculty of Law of the University of New South Wales (CLPC), and Regulators such as the Information Commissioner (ICO) and the European Data Protection Supervisor (EDPS). All these groupings want a definition of personal data that

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Absence of custodial data protection offence increases likely use of “Malfeasance in Public Office”.

If you are employed in the public sector forget about offences under the Data Protection Act if there is deliberate misuse of personal data. In the absence of a custodial sentence, in more serious cases prosecutors are increasingly opting for the blunt instrument that is the common law offence of 'malfeasance in public office'. The offence does not need "personal data" or a computer or even an official secret – all it needs is a public official to be caught

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Do privacy laws require prior notification of the publication of personal data?

Yesterday, the final salvoes in the protracted legal battle over the tabloid exposure of Max Mosely’s romp with five prostitutes were fired at the Human Rights Court in Strasbourg. The outcome will determine whether there is a structural failure in the UK law which will be corrected if the press have to notify an individual under investigation, if details about that individual are about to appear on the front pages. This Blog reports on some of the arguments raised by

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Privacy issues: Smart Metering, Violent Warning Markers and Undertakings

Happy New Year. Isn’t it horrid to be back at work? Normally the end of year holiday is very quiet – not so this year, so I have taken the opportunity to report on three issues that could have been easily missed since my last blog. The commentary deals with Smart Meters, Violent Warning Markers and Undertakings. Full references at end as usual. Smart Metering With the UK’s Government blessing, most public utilities are moving to “smart metering”.  For instance,

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As GCHQ keeps tabs on FOI requestors, what does “national security” mean?

Following an FOI request instigated by yours truly, it has emerged that GCHQ are keeping tabs on FOI requestors. Even those requestors who have asked public authorities for a copy of GCHQ’s widely distributed, declassified, IT security documentation. The circumstances of my request illustrates why the FOIA exemption (Section 23) pertaining “national security” is ridiculously wide, and raises questions as to what “national security” now means. The information that was the object of my desires is sexily entitled: “HMG IA

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A new definition of “personal data” to consider

Is an IP address or an URL personal data? Should it be personal data? Anyway, given the European-wide review of the Data Protection Directive, I have decided to put my head above the parapet and describe what I think the definition of personal data should look like. Of course, readers might disagree – but all I would say that if we don’t have any idea of what the definition should look like, then Governments and the European Commission will happily

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North America’s “Generally Accepted Privacy Principles” establish an inadequate data protection regime.

There is a trend to equate “privacy” with “data protection” probably because many USA organisations like Google like to use the “p-word” quite a lot and there is a common desire to be “privacy friendly”. However, when you make this equation, it can be at the expense of ignoring many important data protection safeguards. The divergence between the concepts of “privacy” and “data protection” emerges by an analysis of some of the Generally Accepted Privacy Principles (GAPP), which fall a

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Government weakens Parliamentary and ICO supervision of the Data Protection Act

I have concluded that proposals published by the Government in relation to “the bonfire of the quangos” (the Public Bodies Bill) and in relation to reform of Parliament (the Parliamentary Voting System and Constituencies Bill) can both serve to weaken the effectiveness of the supervision of the Data Protection Act. There is a significant risk that a future Government could use powers in both Bills to reduce Parliamentary scrutiny of its own processing of personal data or threaten the Information

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Commissioner plays poker with Google

The Information Commissioner has been widely condemned by privacy activists for his perceived inaction with respect to Google. Although he concluded that it was likely that there was a significant breach of the Data Protection Act when Google Street View cars collected wi-fi data as part of their street mapping exercises, he has rejected calls for his office to impose a monetary penalty. Instead, he has “invited” Google UK to sign an undertaking – something that has yet to happen.

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Shortfalls in the Data Protection Act 1998, identified.

We have just published on the website our response to the Government’s consultation on the Directive. However in our response, we have identified the issues in the context of the Data Protection Act 1998 so readers can see what the main problems are. There should be an extension of the Accessible Records definition to include employment records so that manual information on employees gain full protection from the Act. This would close an obvious loophole at a time when public and

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