Category: News

Swimming in the surveillance Poole: the real privacy problems with RIPA

Both opposition parties (now in power) before the General Election focussed on Local Authorities as the main abuser of Regulation of Investigatory Powers Act (RIPA) powers, and to some extent the Investigatory Powers Tribunal's recent decision re Poole Borough Council appears to reinforce that view (see references). The Tribunal concluded that the Council’s procedures were at fault (they are in fact very sloppy), the surveillance was too extensive, and the purpose underpinning the surveillance operation uncertain. This was also accompanied by the

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Body scanner Code of Practice still defective

A blog reader asked me to look at the Code of Practice on the acceptable use of body scanners to enhance security at UK airports. The consultation period associated with the Code ended four weeks ago, so I apologise for a severe case of “better late than never”. In summary, the Code still ignores several key issues. However, to be fair to the incoming Coalition Government, the consultation had been commenced in the dying days of the previous administration. It

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Some FOI requests for personal data are not purpose blind

After imbibing some Bavarian Lager and a number of Decision Notices (including some Scottish ones), I have come to the conclusion that FOI requests of the kind “Please provide, in electronic form, the email addresses of all members of staff” can be resisted until a public authority is certain that the balance of interest lies with disclosure. This blog explains why I think this is the case, so please argue with me if you think I am wrong. I started

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Commission acts on a deficient UK Data Protection Act – at last

The European Commission will no doubt expect plaudits for its request to the UK Government to change the Data Protection Act so that it meets the standard established by the Directive 95/46/EC. In practice, the Commission should answer questions as to why it has taken over seven years to reach a conclusion which has been obvious to data protection experts from the time of the Durant decision back in December 2003. Since that time, the Commission has stood on the

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Information Commissioner has to justify why statistical data are personal data

Sadly, there is more data protection case-law arising from the conflict over requests for personal data made under freedom of information (FOI) legislation, than there is when there is a data protection conflict. This state of affairs is the result of the fact the Commissioner has to publish a Decision Notice in relation to a disputed FOI request, whereas there is no similar Notice provision associated with an assessment as to whether or not a data controller is complying with, for

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Financial data sharing agreement with USA remains unbalanced and defective

The European Union has redrafted its agreement with the USA Treasury in order to require Europe’s financial institutions to transfer details of global financial transactions to the USA. The revised Draft Agreement is to be put to the European Parliament in July for approval, despite a text containing significant privacy defects and obvious areas of drafting in need of urgent attention. The Draft Agreement often refers to “terrorism or terrorist financing” without defining what “terrorism” is, or what makes a

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Bill defines “personal information” to avoid strengthening DPA penalties

Ah! The reality of power! For all the Opposition talk about strengthening the protection of privacy, in the first weeks of Government, the pro-privacy proposition has become more difficult to implement. The inevitable result is that gears are being put into neutral or reverse (as quietly as possible, mind you!). So it is with the repeal of the ID Card Act and the abolition of the National Identity Register by the “Identity Documents Bill 2010-11” whose Second Reading is today.

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Google, Microsoft and Yahoo! should give ground on privacy concerns.

“Googsoft!” – my shorthand for Google, Microsoft, and Yahoo! -  are clearly trying the patience of Europe’s Data Protection Commissioners. Earlier in the week, the Commissioners reported these companies to USA’s Federal Trade Commission and to the European Commission claiming that Googsoft!’s privacy practices are unacceptable. Clearly these letters are intended to have later regulatory effect (see references for URL). Yet the problem for Data Protection Commissioners is that the public have, without regard for their own privacy, lapped up

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Data protection and privacy campaigners face a hard time

A well respected privacy commentator has made a wise remark. He said of Nick Clegg’s speech as enthusiastically reported yesterday: “I'll wait to see the fine print”. Well, in my experience this cautious approach is well justified. Back in 1990s, when I was perhaps a bit more “active” than I am now, I used to brief several opposition Labour MPs on data protection issues. In opposition, there was no difficulty in raising problems in connection with data protection; however, as

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Pushing back the surveillance state

Today's speech from Nick Clegg, deputy Prime-Minister needs no elaboration from me. He said "This government will end the culture of spying on its citizens. It is outrageous that decent, law-abiding people are regularly treated as if they have something to hide". He continued "It has to stop". "1. So there will be no ID card scheme. 2. No national identity register, a halt to second generation biometric passports. 3. We won't hold your internet and email records when there is just no

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