Category: News

What is in the Lib-Con agreement to enhance data protection and privacy?

Whilst the UK press is focusing on the “love-in” between the Liberal Democrats and the Conservatives now in coalition government, it might be useful to put on record what the parties have agreed in their plan to “implement a full programme of measures to reverse the substantial erosion of civil liberties under the Labour Government and roll back state intrusion”. Equally important is to recognise what “did not make the cut” with respect to that agreement. Why is this important?

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EU Directive can require consent for behavioural advertising

I now am convinced that a new Directive allows Member States to introduce consent/opt-out requirements for ALL forms of electronic marketing including behavioural marketing. The only unanswered question is whether Member States offer this option to its citizens when they implement the required legislative changes by next May. However, the Directive also allows a continuation of a minimum privacy protection policy with respect to the use of electronic marketing by organisations. For example, the current position in the UK is

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ELECTION: What the parties promise with respect of privacy and data protection

Update posted 1:30pm, Friday 22nd April I have added the Plaid Cyrmu statement and the fact that the Conservatives have promised to repeal the Human Rights Act Please find in the blog coverage of all the privacy aspects from the manifestos of main political parties election; the order is Lib Dems, Conservative, Labour, and Scottish Nationalist and Plaid Cymru. The text is cut and pasted from their manifestos. I have not covered the Greens, UKIP and the rest – so sorry.

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Information Commissioner should enforce Article 8 privacy rights

For some time, I have been advocating the creation of an explicit and unequivocal link between the Data Protection Act (DPA) and the Human Rights Act (HRA). I now think that this link already exists and that the Information Commissioner (ICO) should take up cases which involve the unlawful use or retention of personal data, where "lawfulness" is assessed in the context of compliance or non-compliance with the obligation to show respect for private and family life (Article 8(1) of the

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Should the European Data Protection Supervisor resign?

Can you remember those intelligence test questions of the form: “X is to Y” as “C is to D?”.  Well here’s a new one: “Robespierre’s Committee of Public Safety is to democracy” as the “European Union’s Freedom, Security and Justice Directorate is to privacy”. Whereas the former willingly silenced dissenting voices by removing heads at Madame Guillotine, the latter is wilfully cutting out any basic data protection requirements when making binding international agreements. Given the considerable democratic deficit in the

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Managing the aftermath of a loss or personal data

If readers want to examine an interesting example of how to manage a data loss, have a look at what happened at the London Borough of Barnet (see references). A data loss involving 9,000 children followed a burglary of the home of a member of staff. The loss included the Council’s computer equipment (a laptop), CD Roms and memory sticks along with other items from the house. Like most organisations, the Council had implemented procedures and policies to ensure that

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ANPR cameras expose the need for human rights link

If ever you wanted an example of why there should be an express linkage between the Human Rights Act (HRA) and the Data Protection Act (DPA), then consider the front page lead of last weekend’s Sunday Times (followed by other newspapers such as the Daily Mail). It reported that the police were using automatic number plate recognition (ANPR) cameras to collect millions of car number plates, dates and times when cars passed the cameras and keeping the resultant personal data

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Biometric toe-prints added to ID Card database

According to a press release issued at midnight, yesterday, regulations have been tabled before Parliament to allow a complete set of toe-prints to be added to the list of ID Card biometrics (see references below). The Government also claim that the new biometric will allow for shorter queuing time at airport security as anyone who is requested to take their shoes off (e.g. when passing through airport security scanners or a whole body scanner) will be able to have their

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Government legalises excessive processing of personal data (again) and risks more ID theft

The Government has decided to mandate the processing of excessive personal data and expose more young adults to ID theft. How? Just read on. Just imagine you run a night-club that requires a licence to sell alcohol. A new law, enacted using Ministerial powers (thus ensuring limited Parliamentary scrutiny) requires you to have an “age verification policy” that “applies to the premises in relation to the sale or supply of alcohol”. In addition, that “policy must require individuals who appear

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Labour positions itself on DNA retention and more CCTV

Whilst reading excerpts of Hansard to children at bed-time (it works a treat – they soon become bored and drop off to sleep), I became aware of an element of Labour’s strategy for the forthcoming General Election. In essence, it is: “Labour fights crime with more CCTV and an extensive DNA database”. No doubt, when senior police officers are interviewed on the telly about these subjects, they will sagely nod their heads and say something like: “Yes please. We really

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