Drip surveillance law faces legal challenge by MPs – The Guardian

‘The application for a judicial review of the new legislation, which was passed with support from the three main parties, is to be mounted by the human rights organisation Liberty on behalf of the two backbench MPs.’

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The Guardian, 22nd July 2014

Source: www.guardian.co.uk

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Law Commission urges full reform project on data sharing and public bodies – Local Government Lawyer

Posted July 22nd, 2014 in consultations, data protection, Law Commission, news, privacy, reports by sally

‘The Law Commission has this month recommended that a full law reform project should be carried out “in order to create a principled and clear legal structure for data sharing, which will meet the needs of society”.’

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Local Government Lawyer, 21st July 2014

Source: www.localgovernmentlawyer.co.uk

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DRIP: 5 unjust government arguments – Halsbury’s Law Exchange

‘It is suggested that the USA PATRIOT Act, legislation swiftly enacted by US Congress in the wake of the 11 September 2001 terrorist act was a “backronym” designed to play on the national pride around at the time. Clever political manoeuvring? Potentially so.’

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Halsbury’s Law Exchange, 16th July 2014

Source: www.halsburyslawexchange.co.uk

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Will Drip law make UK citizens’ data more attractive to hackers? – The Guardian

‘The Data Retention and Investigatory Powers (Drip) bill that yesterday cleared the House of Lords will make companies holding UK citizens’ communications data far more attractive to criminal hackers, a security expert has warned.’

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The Guardian, 18th July 2014

Source: www.guardian.co.uk

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Data Retention & Investigatory Powers Bill receives Royal Assent – Home Office

‘Legislation to ensure UK law enforcement and intelligence agencies continue to have access to the vital evidence and information they need to investigate criminal activity, prevent terrorism and protect the public has today (Thursday 17 July) received Royal Assent.’

Full press release

Home Office, 17th July 2014

Source: www.gov.uk/home-office

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YS v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v M and another – WLR Daily

Posted July 18th, 2014 in data protection, EC law, government departments, immigration, law reports by tracey

YS v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v M and another; (Joined Cases C-141/12 and C-372/12) ECLI:EU:C:2014:2081; [2014] WLR (D) 324

‘Article 2(a) of Parliament and Council Directive 95/46/EC meant that data relating to an applicant for a residence permit contained in an administrative document amounted to “personal data”. Article 12(a) of Directive 95/46 and article 8(2) of the Charter of Fundamental Rights of the European Union meant that an applicant for a residence permit had a right of access to all personal data concerning him which were processed by the national administrative authorities within the meaning of article 2(b). For that right to be complied with, it was sufficient that the applicant was in possession of a full summary of those data in an intelligible form, which allowed the applicant to become aware of those data and to check that they were accurate and processed in compliance with that Directive, so that he could, where relevant, exercise the rights conferred on him by that Directive. Article 41(2)(b) of the Charter meant that the applicant for a residence permit could not rely on that provision against the national authorities.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Terrorism laws watchdog issues warning over security services scrutiny – The Guardian

‘David Anderson says privacy and civil liberties board that is planned to replace his job must have unfettered access.’

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The Guardian, 17th July 2014

Source: www.guardian.co.uk

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Record number of data complaints made to ICO – BBC News

Posted July 16th, 2014 in appeals, complaints, data protection, disclosure, fines, news, nuisance, privacy, statistics by tracey

‘The UK’s information commissioner has called for better funding for the country’s data regulator amid a record number of cases.’

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BBC News, 15th July 2014

Source: www.bbc.co.uk

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Emergency surveillance bill clears Commons – The Guardian

‘Controversial emergency surveillance legislation has cleared the Commons after an extended sitting and angry exchanges alleging an abuse of parliament.’

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The Guardian, 16th July 2014

Source: www.guardian.co.uk

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Data sharing rules must be reformed – Law Commission

Posted July 14th, 2014 in data protection, disclosure, Law Commission, news, privacy by sally

‘The law that governs how public bodies share data must be modernised, simplified and clarified, according to the Law Commission. Law reform will help to create a principled and clear legal structure for protecting individual privacy and for the data sharing required by today’s public bodies and the people they serve.’

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Law Commission, 11th July 2014

Source: www.lawcommission.justice.gov.uk

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Ministers push for new legislation to track phone usage – The Guardian

‘Ministers are poised to pass emergency laws to require phone companies to log records of phone calls, texts and internet usage, but Labour and Liberal Democrats are warning that they will not allow any new law to become a backdoor route to reinstating a wider “snooper’s charter”.’

Full story

The Guardian, 6th July 2014

Source: www.guardian.co.uk

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Facebook faces UK probe over emotion study – BBC News

Posted July 2nd, 2014 in consent, data protection, internet, news, privacy, select committees by sally

‘A UK regulator is investigating whether Facebook broke data protection laws when it conducted a psychological study on users without their consent.’

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BBC News, 2nd July 2014

Source: www.bbc.co.uk

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Mini-pupils in chambers: legal and ethical issues – The Bar Council

Posted June 27th, 2014 in data protection, news, privacy, professional conduct, pupillage by tracey

‘The Bar Council’s Professional Practice Committee (PPC) has published a new document covering mini-pupils.’

Full text

The Bar Council, 26th June 2014

Source: www.barcouncil.org.uk

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High Court: provision of reference containing details of uncompleted disciplinary action was “unfair” use of personal data – OUT-LAW.com

‘Whether it is “fair” to share an individual’s personal data for lawful public policy reasons requires a careful balancing of the interests of that individual and the interests of others, including the public interests, the High Court in England has said.’

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OUT-LAW.com, 23rd June 2014

Source: www.out-law.com

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Probation service in chaos as systems wipe offenders’ data – The Independent

‘Britain’s probation service is in chaos after a series of crippling computer failures over the past three weeks, with thousands of offenders’ case files lost, frozen or wiped.’

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The Independent, 22nd June 2014

Source: www.independent.co.uk

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Victory for Spamalot – Niebel in the Upper Tribunal – Panopticon

‘The spamming industry is a decidedly irritating but sadly almost unavoidable feature of our networked world. There is no question but that spamming (i.e. the sending of unsolicited direct marketing electronic communications) constitutes an unlawful invasion of our privacy (see further regs 22-23 of the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) (PECR), implemented under EU Directive 2002/21/EC). The question is what can be done to stop it, particularly given that individual citizens will typically not want to waste their time litigating over the odd spam email or text?’

Full story

Panopticon, 19th June 2014

Source: www.panopticonblog.com

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Fairness under the DPA: public interests can outweigh those of the data subject – Panopticon

Posted June 19th, 2014 in data protection, news, police, professional conduct, public interest by sally

‘Suppose a departing employee was the subject of serious allegations which you never had the chance properly to investigate or determine. Should you mention these (unproven) allegations to a future employer? Difficult questions arise, in both ethical and legal terms. One aspect of the legal difficulty arises under data protection law: would it be fair to share that personal information with the prospective employer?’

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Panopticon, 18th June 2014

Source: www.panopticonblog.com

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Section 13 DPA in the High Court: nominal damage plus four-figure distress award – Panopticon

Posted June 16th, 2014 in compensation, damages, data protection, disclosure, documents, news, time limits by sally

‘Given the paucity of case law, it is notoriously difficult to estimate likely awards of compensation under section 13 of the Data Protection Act 1998 for breaches of that Act. It is also very difficult to assess any trends in compensation awards over time.’

Full story

Panopticon, 13th June 2014

Source: www.panopticonblog.com

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Data Protection and Child Protection – Panopticon

‘One of the difficulties users and practitioners have with the Data Protection Act 1998 is that there is so little case law on any of the provisions, it can be very hard to know how a court will react to the complicated structure and often unusual factual scenarios which can throw up potential claims. There are two reasons why there is so little case law. First, most damages claims under the DPA go to the County Court, where unless you were in the case it is hard to know that it happened or get hold of a judgment. Secondly, most damages claims are for small sums, which is it is more cost-effective to settle than fight.’

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Panopticon, 6th June 2014

Source: www.panopticonblog.com

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How to get Google to remove outdated links to your personal data – RPC Privacy Law

Posted June 3rd, 2014 in data protection, internet, news, privacy by sally

‘Google has today announced how it intends to deal with the European Court’s judgment in the Google Spain case. In today’s Financial Times Google’s CEO, Larry Page, has confirmed that Google will take steps to recognise individuals’ “right to be forgotten” in appropriate cases. It will do so by introducing an online mechanism for users to request the removal from search results of links to data that are outdated.’

Full story

RPC Privacy Law, 30th May 2014

Source: www.rpc.co.uk

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