Category: Other Information Law

National security agencies should be subject to Data Protection law.

Yesterday, the Intelligence and Security Committee held a round-table on privacy and national security; in particular in relation to the Snowdon revelations and possible changes to the law. So this is a good excuse to publish my written evidence to the Committee. It is on the lines that the Data Protection Act should apply to the processing of personal data by the national security agencies. Historically the national security function was made exempt from the Data Protection Act 1984 probably

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Push for new data sharing powers as Law Commission’s data sharing report is shelved

I suspect the Government is going to ditch the Law Commission recommendations on data sharing; this is because it wants a quick implementation of its own extensive data sharing proposals. In short, general data sharing powers are now on the political agenda again. This is the third time in a decade that Government has tried to obtain data sharing powers that apply in circumstances unconnected with the usual suspects (e.g. data sharing in relation to crime, national security and law

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Conservative policy towards the Human Rights Act has serious consequences for privacy and freedom of expression

According to most of the broadsheets, if there is a Conservative Government after the next General Election, the European Court of Human Rights will no longer be able to overrule British courts. Under plans to be unveiled tomorrow (Tuesday) at the Conservative Conference, Chris Grayling, Secretary of State at the Ministry of Justice, is expected to state that a future Conservative Government will introduce legislation that ensures that Human Rights cases are determined by Britain’s Supreme Court and not judges

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Has Google extended the right to be forgotten to the dead?

Horrid to be back from the summer holidays; however, I could not resist this topic as a subject of a quick blog (even on a late Friday afternoon which is “a good time to bury a blog”). As is well known, some newspapers are keeping lists of stories when Google tells them that their handiwork is being de-linked following the ECJ Judgment on “the right to be forgotten”. The Daily Telegraph is one such newspaper (see references). However, I could not

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Has Europe cut the UK adrift on Data Protection?

In 1805, William Pitt the Younger, after hearing about Napoleon's victory at the Battle of Austerlitz is reported to have said: "Roll up that map (of Europe): it will not be wanted these ten years". Well I have attended two meetings which suggest that the European Union has already rolled up its Data Protection Map of Europe so it excludes the UK. The main reason for this? Anticipation of a likely UK withdrawal from European Union after the next General

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ICO confirms that Data Protection Act does not apply to emergency powers law.

In yesterday’s blog, I suggested that the haste for the Data Retention and Investigatory Powers Bill (DRIP) was because of intended legal action; it looks as if my hunch is more than 50% correct. Secondly, I also said that the statements made by Government in relation to data protection, the national security functions and these emergency measures were complete rubbish; the ICO at his Annual Report launch yesterday confirmed that the protections afforded to data subjects by the Data Protection Act

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Misleading data protection statements and another reason for the emergency data retention law?

I have just read the Explanatory Notes and the clauses in “The Data Retention and Investigatory Powers (DRIP) Bill” which is being rushed through Parliament this week. According to Ministers, the Bill is primarily to allow the national security agencies and the police continued access to communications data and the content of communications because the European Court of Justice struck out the Data Retention Directive (on the grounds that the Directive provisions facilitated mass indiscriminate surveillance). According to Ministers, the Bill is

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A “right to be forgotten” procedure for Google; it appears to have difficulty in developing one

Robert Preston the BBC journalist has a problem about one of his blogs: he asks “Why has Google cast me into oblivion?”. His blog concerned one of those banking “Masters of the Universe” whose expertise in the financial “dark arts” led to billion dollar losses and the collapse of Merrill Lynch. Google has told Mr Preston that thanks to the ECJ judgement, his article is no longer searchable by its search engine. James Ball, a Guardian journalist, has the same

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Why the European Parliament view of “data subject consent” should be supported.

I have been rather ambivalent about the debate about consent in the Directive 95/46/EC and the proposed replacement Regulation (if it happens). However the antics of the Insurance Industry in the UK in relation to subject access have convinced me that the European Parliament’s approach towards consent needs supporting. So what has the Insurance Industry done to deserve reproach? Well it has continued with its practice of asking, when needed, the data subject to consent to subject access to their

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If Google remembers whom it has forgotten, has it complied with the ECJ Judgment?

Google has received all kinds of plaudits for quickly introducing its “right to be forgotten” procedure; however from what I have read in the press, its procedure for the removal of URLs is not fit for purpose. In this blog, I explain why Google’s procedure appears to be so defective. So, for the sake of argument, let’s assume that you want to have a URL removed for whatever reason. As I explained in my previous blogs (see references), this will

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