Category: News

Could notification to the Commissioner undermine three Data Protection Principles?

When a data controller says that he is processing personal data for “purpose X”, what does “purpose X” mean in practice? The answer is important because the word “purpose” is used in the legislation to describe the Second, Third, and Fifth data protection principles. For example, suppose a data controller claims that "personal data item Z is relevant to a housing benefit purpose". That claim can objectively be assessed; is the data item relevant or not relevant to the housing

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UK Courts view any data retention as human rights compliant.

A major difference has emerged between the approaches adopted by the UK Courts and the European Court of Human Rights. In summary, the higher UK Courts have consistently stated that data retention does not significantly engage Article 8 of the Human Rights Act, whereas the European Court of Human Rights has consistently judged that the Article is fully engaged. The consequences are important for any forthcoming public debate on data retention policy – for example, with respect to the retention

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Data Protection: are the new EU data loss notification provisions worthless?

So the European Union has enacted changes to the telecommunications directive (Directive 2002/58/EC  on privacy and electronic communications) that require telecommunications companies to notify data subjects about any loss of personal data.  If you read EU spin on this step, this is a great deal for “data subjects”. However, as with most things, the devil is in the detail and I have found nothing new. One modification provides for measures that shall “ensure that personal data can be accessed only

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How “see-through” scanners are subject to data protection rules

According to press reports in Canada, controversial airport scanners that “see-through” the clothes of travellers have received the blessing of Canada's Privacy Commissioner. An assistant Federal Privacy Commissioner has told the press that Canada’s National Air Security Agency has successfully answered all questions about individual privacy. The proposal has stirred controversy in the UK because the scanners produce a three-dimensional outline of an individual’s naked body. However, under the plans approved by Canada’s Federal Privacy Commissioner, the officer viewing the

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Check your data sharing protocols

Data sharing – simple isn’t it: “data share” rhymes with “data care” and “nightmare”. Anyway this is an unashamed plug for a book that contains a chapter on data sharing written by yours truly. To assist the general data protection community, I have placed a checklist of what should appear in a protocol on http://www.amberhawk.com/policydoc.asp   under the heading: “Data sharing protocol checklist – 2009”. The checklist applies to public and private sectors. The book is entitled “Data Protection for Financial

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Resignation issue? National Security watchdog wants more surveillance of UK population

Kim Howells MP knows all about surveillance. Back in 1984, he was one of Mrs Thatcher’s unnamed “enemy within” and played a leading role in the National Union of Miners organising the Miners’ Strike in South Wales. Now, he is trusted ex-Minister who chairs the House of Commons Intelligence and Security Committee which has limited scrutiny role over the very organisations that tapped his phone and monitored his movements those 25 years ago. A curious turn of events to say

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Data Protection: applying the Principles to the surveillance of a demonstration

Does it breach the Data Protection Act to process personal data about all demonstrators in order to identify those demonstrators who are also “domestic extremists”?  To answer this question, it is instructive to apply the Data Protection Principles to the photographing of a demonstration by the police. The relevant explanation of the term “domestic extremism” is found on the website of National Extremism Tactical Coordination Unit (NETCU is the Unit that is at the centre of the controversy (http://www.netcu.org.uk/de/default.jsp). Its

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Police surveillance of demonstrators misses Congestion Charge angle

This week, the Guardian has run a major exposé of police surveillance of demonstrations and of the fact that the police have amassed a photo-library of individuals, many of whom do not possess a criminal record, but who involve themselves in lawful protest. The photo-library is used to make “spotter cards”. This spotter card is a police version of those I-Spy games I used to have as a child; spot the demonstrator (or “domestic extremist” to use the official description)

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Information Commissioner contemplates unpopularity

At yesterday’s Update session in Manchester, Stephen McCartney, Head of Data Protection Promotion, at the Commissioner’s office outlined several changes to the structure of the ICO’s office and in the ICO’s modus operandi. First the Office of the Information Commissioner is being reorganised and the division between Data Protection and Freedom of Information is being removed. Instead, staff at the ICO will be expected to deal with both subjects. The new focus will be on “information rights” rather than DP or

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Data Protection: Is the 2011 census the last one of its kind?

Yesterday’s BBC news website carried a story headlined “Bedroom snooper row over census”. “For the first time”, the report says “people will be asked to provide details of the number of bedrooms they have as well as the names, sex and birth dates of any overnight guests in their homes”. “Other new questions”, the report adds “include how well people can speak English, the date overseas nationals entered the UK, how people define their national identity and whether they are

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