Category: Other Information Law

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

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

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)

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

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