Category: News

Using GDPR rights to stop misleading political advertising

I have to admit I was depressed at the “doctoring” of the interview between the presenters of Good Morning Britain and Sir Keir Starmer MP by the Conservative Party in the first week of November. In a general election, voters need information not disinformation. For those not familiar with what I am talking about, an edited recording of an interview with the Labour politician was used in a political advert.  However, a long pause was edited into the recording just

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Data subjects can use their rights to stop political advertising (in theory)

Yesterday’s announcement that Twitter is suspending targeted political advertising from next month (and Facebook’s decision today not to follow suit) has received front page coverage in the media. However, no-one has mentioned the fact that the GDPR/Data Protection Act 2018 (DPA2018) provides each data subject with the ability to stop such advertising.  This blog explains how (in theory) data subjects can stop receiving targeted political adverts (especially those that are likely to be “Brexit bus” misleading). Personal data that reveals political

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Major risks to data protection standards arise from the New Withdrawal Agreement, Political Declaration and the forthcoming General Election

Last week’s Queen’s Speech has been regarded as the Conservative Government’s shop-window of measures for its forthcoming General Election campaign; last Saturday’s vote on the New Withdrawal Agreement relates to what happens to Brexit in the meantime. This blog assumes the risk of hard Brexit is diminished until December 2020 and that the UK leaves the EU;  it covers the relevance of these two events to data protection and concludes: Item 1: GDPR standards maintained. If there is eventual Parliamentary

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When are facial recognition systems, used for law enforcement, not subject to a data protection regime?

This blog concerns the information processed by the facial recognition system used by South Wales Police (SWP) in the recent judicial review case (see references).  In summary, I don’t think the Data Protection Act 2018 (DPA2018) applies to most of this processing because the information processed by the system is not personal data. This is not the conclusion the Court arrived at in its recent judgment (the “SWP judgment”); the blog explains what this judgement missed and why its conclusions

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Judicial review: how did the Government decide that the immigration exemption was in “the general public interest”?

The immigration exemption in Schedule 2 (paragraph 4) of the Data Protection Act 2018 (DPA2018) has always been controversial; it is subject to a judicial review by the High Court, in London, on July 23 & 24. The controversy arises because an exemption that was not needed by the immigration authorities under the DPA1984, nor under the DPA1998, has nothing to do with crime, tax, any compulsory court order, any mandatory disclosure requirement or national security issue. However, suddenly this exemption became an urgent necessity

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Consent for access to phones in some rape cases implies that such access is not necessary for law enforcement

This blog shows that the current furore concerning access to a rape victim’s phone, relying on consent of a rape victim, sits uneasily with a data protection analysis.  I also point out that there appears to be three forms of “consent” floating around in the GDPR/Data Protection Act 2018 (“DPA2018”) framework. First of all, the relevant part of the DPA2018 to consider is the law enforcement elements, as access to the victim’s phone is by the police or prosecutors in relation

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Amberhawk wins a Cyber Security Challenge UK prize – but it has been returned

{Blog changed on 2nd April due to the threat of legal action by the Homeland Security Department of USA} Amberhawk is pleased to announce that it has won a Cyber Security Challenge UK competition for the best idea in 2019 (so far) to prevent cyber-crime in the young.  Our idea involves enhanced parental responsibility, increased awareness of computer crime and teaches children under the age of ten about the dangers from hacking.  No special technology or software is needed. To

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Do the DPA2018 exemptions work properly?

Do you know what? I am beginning to wonder whether some of the exemptions in Schedule 2 of the DPA2018 work as they should. So, if you disagree with the following analysis please make a counter argument. First, I think all the exemptions that are constructed using the use of the word “processed” provide a lawful basis for one controller to disclose personal data to another controller for the purposes/reasons identified in the exemption.  In this way, the exemptions permit a

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Questions concerning the DPA1998 haunt the UK’s approach to GDPR implementation and threatens adequacy

Yesterday, the Secretary of State for Business was caught out misleading the public and Parliament concerning Brexit.  He evidently authorised a secret, multi-million pound bung to Nissan so that it maintained car production at its current level in Sunderland, post Brexit.  Sad to say, such secrecy by Ministers is rather commonplace with respect to Brexit and data protection. The evidence for this assertion comes from my latest FOI request to the European Commission (see references). For instance, consider the Prime

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Draft Brexit Data Protection Regulations would undermine adequacy determination for the UK

Belated Happy New Year. One thing can be certain following the recent Brexit Parliamentary shenanigans.  The UK will eventually choose from: (a) a hard Brexit; (b) a deferred Brexit; (c) a Brexit perhaps softer than Mrs May’s defeated Brexit, or (d) no Brexit.  As most options involve Brexit, the approach the Government has adopted to align Brexit with the GDPR is important. The draft “Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019” (the “Regulations”) were tabled

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