Category: News

Data Protection: Enforcement action for making false Safe Harbor claims

In a way that mirrors the undertakings signed by UK data controllers, six U.S. businesses have agreed to settle Federal Trade Commission (FTC) charges that they deceived consumers by falsely claiming they were abiding by the EU/U.S. Safe Harbor framework.  According to six separate complaints filed by the FTC, the six companies deceptively claimed they held current certifications under the Safe Harbor framework. The framework is a voluntary program administered by the U.S. Department of Commerce in consultation with the

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DNA database: the press is wrong to report a civil libertarian victory over DNA retention.

According to Monday’s Guardian: “Home Office climbs down over keeping DNA records on innocent”. On the same day the BBC reported: “The government has dropped plans to give ministers wide powers on holding innocent people's DNA data on record”.  Both news outlets reported the Government’s actions to withdraw clauses on DNA retention in terms of a victory for civil liberties. ‘Scuse me – I think these journalists have jumped the gun. The Policing and Crime Bill had proposed providing Ministers

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Data Protection: “violent markers and libel: everyone a winner except the taxpayer”

One of the things I like about our Update sessions is that you get to know what you missed. And so it was with the case of Jane Clift v Slough Borough Council (Neutral Citation Number: [2009] EWHC 1550 (QB)) – a judgment delivered in June 2009 – which deals with the “violent warning marker”. What happened was essentially this. Ms Clift reported to a council official (Ms R) an incidence of  anti social behaviour that upset her. That telephone

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Data Protection: CRB could stop misuse of irrelevant criminal data in employment vetting

I might be old fashioned, but I think it’s OK for the police to retain those criminal records they need to do their job. So I am not surprised by yesterday’s Appeal Court decision that allowed them to do so, even when there were disclosures of trivial and ancient criminal details for employment purposes. For example, the Appeal Court considered the case of HP, who in March 1984 was 16 years of age. He stole items from a display in

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Data Protection: no new powers for the Commissioner in 2010?

So the Government has finally published its consultation on whether or not there should be custodial sanctions relating to selling or offering to sell personal data that have been unlawfully obtained (i.e. without the consent of the data controller). At the moment, the offence under section 55 of the Data Protection Act 1998 is non-custodial with a £5,000 fine maximum. The Government is consulting on whether or not the maximum summary penalty at the Magistrates Court should be increased to

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Fax off. The PECR marketing privacy rules are different for e-mail

So the Information Commissioner has taken enforcement action against Ivor Cox, trading as Orion Forklift and Plant, following breaches of the Privacy and Electronic Communications Regulations (PECR). The action comes after more than 1700 complaints about the organisation were received by the Fax Preference Service (FPS) and by the ICO. The complainants were blessed with unsolicited marketing faxes about Ivor’s forklift trucks, sometimes in the early hours of the morning, even when the recipient was registered with the FPS. Given

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How a £750 printer could affect everybody’s privacy

Yesterday’s Evening Standard, London’s newest free-sheet, published a story about “Police war on fake ID factories”. Evidently, a £750 printer from PC World is all one needs to produce convincing replicas of “the propose new ID Card and EU driving licence” as well as “passport entry stamps and national insurance cards”. According to the Standard, the police have initiated “Project Genesius” to stop these kinds of printers falling into the hands of criminal gangs. The development has implications for privacy

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We can’t disclose because of the Human Rights Act

It used to be the Data Protection Act, but now it appears that the Human Rights Act has caught the disease described by the statement: “we can’t do anything because of the Human Rights Act”. Dominic Grieve, Shadow Minister of Justice, has just contracted the infection. He said yesterday at the Conservative Party Conference: “How many times have we seen police or probation officers say they can’t disclose the identity of a criminal because of his privacy under the Human

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What lies beneath the extradition of hacker Gary McKinnon to the USA

Should extradition arrangements between the USA and the UK, established in connection with counter-terrorism and serious crime, be used against Mr Gary McKinnon who suffers from Asperger’s Syndrome? Asperger’s is a disability on the higher functioning end of the Autistic spectrum, and I must declare a special interest, as a close family member has it. Mr McKinnon is a computer hacker who admits he broke into various USA defence systems in an attempt to find out about “UFOs, free energy

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Are data retention policies misguided?

One of the points not reported in connection with the horrific crimes of paedophile Venessa George  is the failure of the comprehensive vetting system. The reason: there was no record of her involvement in such activities. She wasn’t even uncovered by staff at the nursery (why? – another question), but picked up when the police arrested another individual who had retained copies of electronic communications linked to her. If that person had been more careful, then most likely George would

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