Is ‘Big Data’ A Threat To Human Rights? – RightsInfo

Posted April 27th, 2016 in computer crime, data protection, EC law, human rights, internet, news, privacy by sally

‘One of the great benefits of modern society is the amount of information available to us everyday. Much of that information is now stored electronically. However, collecting a lot of information together creates risks. Big data showcases the potential utility of amassing information in bulk, but we need to be wary of the possible threat to our right to privacy.’

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RightsInfo, 16th April 2016

Source: www.rightsinfo.org

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Kent police passed alleged domestic abuser sensitive details of complainant – The Guardian

Posted April 22nd, 2016 in data protection, disclosure, domestic violence, fines, news, police by tracey

‘Kent police force has been found guilty of serious breaches after an alleged domestic abuser was passed sensitive details and intimate pictures of the woman who brought a complaint against him. The suspect was a police officer and the contents of the mobile phone of his partner were given to him, after they had been gathered by police investigating the domestic abuse claims.’

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The Guardian, 21st April 2016

Source: www.guardian.co.uk

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UK spy agencies have collected bulk personal data since 1990s, files show – The Guardian

‘Britain’s intelligence agencies have been secretly collecting bulk personal data since the late 1990s and privately admit they have gathered information on people who are “unlikely to be of intelligence or security interest”.’

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The Guardian, 21st April 2016

Source: www.guardian.co.uk

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European parliament set to pass passenger data law – The Guardian

Posted April 14th, 2016 in airports, data protection, EC law, intelligence services, news by sally

‘A counter-terrorism plan to share air-passenger data is set to become European law after five years of wrangling over security needs and privacy concerns.’

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The Guardian, 13th April 2016

Source: www.guardian.co.uk

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EU court hears case on UK data retention laws – OUT-LAW.com

‘The EU’s highest court will hear arguments on Tuesday concerning the validity of UK data retention laws.’

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OUT-LAW.com, 12th April 2016

Source: www.out-law.com

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Vicarious liability for rogue employee’s data leak – Panopticon

‘Suppose confidential, private and sensitive information is sold, leaked or otherwise wrongly disclosed by a rogue employee: is the employer vicariously liable? This question is a troubling one for many an employer and data controller. A new judgment on a claim for misuse of private information sheds some light on this question – and will not be comforting for employers and data controllers. The case is Axon v Ministry of Defence [2016] EWHC 787 (QB).’

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Panopticon, 12th April 2016

Source: www.panopticonblog.com

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Police and prosecutors ‘losing sensitive evidence’ – BBC News

‘Sensitive details held by police and prosecutors in England are being lost because evidence is still being shared on computer discs, watchdogs say.’

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BBC News, 13th April 2016

Source: www.bbc.co.uk

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Subject access request as precursor to litigation? No problem – Panopticon

Posted April 12th, 2016 in data protection, EC law, intellectual property, news by sally

‘Gurieva & Anor v Community Safety Development (UK) Ltd [2016] EWHC 643 (QB), a judgment of Warby J of 6 April 2016, is the High Court’s latest word on subject access requests. It illustrates some of the emerging trends in subject access litigation. It is also a salutary reminder to ensure that, for subject access request cases as for any other, adequate evidence is presented.’

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Panopticon, 8th April 2016

Source: www.panopticonblog.com

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Covert Recording by Parents – Nothing to Fear but the Truth? – Family Law Week

‘Farooq Ahmed, barrister of Westgate Chambers and recorder, addresses the legal issues arising when parents embroiled in children proceedings record conversations or events.’

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Family Law Week, 8th April 2016

Source: www.familylawweek.co.uk

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New rules for data protection – Law Society’s Gazette

Posted April 4th, 2016 in compensation, data protection, EC law, news, notification by sally

‘In the UK there is currently no legal obligation under the Data Protection Act 1998 (DPA) to report personal data breaches to anyone. However, the Information Commissioner’s Office (ICO) guidance recommends that serious breaches should be brought to its attention.’

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Law Society’s Gazette, 4th April 2016

Source: www.lawgazette.co.uk

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Regina (Watch Tower Bible & Tract Society of Britain and others) v Charity Commission – WLR Daily

Regina (Watch Tower Bible & Tract Society of Britain and others) v Charity Commission [2016] EWCA Civ 154

‘Following three trials of former members of Jehovah’s Witnesses’s congregations on charges of historic sex abuse the Charity Commission decided to initiate a statutory inquiry relating to a leading Jehovah’s Witness charity’s safeguarding policy regarding vulnerable beneficiaries in particular children, under section 46 of the Charities Act 2011, and to order the charity to produce a wide range of documents, under section 52 of the Act, even though none of those accused was connected with the charity. .The applicants, the charity and its trustees, sought judicial review of those decisions, on the grounds that (i) the commission had acted disproportionately by commencing an inquiry the scope of which was vague and undefined and by interfering with the applicants’ Convention rights, and had thereby breached its duty to act fairly so that the decision was irrational; and (ii) the scope of the production order was disproportionate in that information was sought of a personal and sensitive nature, within the meaning of the Data Protection Act 1998, and was furthermore in breach of the Convention rights of individuals affected. The judge in refusing permission to proceed with the judicial review clain held that the applicants had an effective statutory remedy by appealing to the First-tier Tribunal (General Regulatory Chamber) (Charity) against a decision to initiate an inquiry, and that any complaint relating to the breadth of a production order could be dealt with before that tribunal.’

WLR Daily, 15th March 2016

Source: www.iclr.co.uk

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Why you might not be warned of an online security breach – The Guardian

Posted March 30th, 2016 in banking, consumer protection, data protection, internet, news, notification by sally

‘Surprisingly, under the Data Protection Act companies have no obligation to tell customers there could be a problem.’

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The Guardian, 30th March 2016

Source: www.guardian.co.uk

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Personal data and politicians’ names – Panopticon

‘Can the name of a local councillor who has defaulted on Council tax properly be withheld from disclosure under the exemption for personal data in s.40 FOIA? That was the issue for the Upper Tribunal (“UT”) in Haslam v (1) Information Commissioner (2) Bolton Council [2016] UKUT 0139 (AAC), 10 March 2016. Mr Haslam, a journalist on the Bolton News, had submitted a FOIA request to Bolton Council for disclosure of names of councillors who had received reminders for non-payment of Council tax since May 2011. The Council refused to name names, citing the exemption in s.40 FOIA. The Information Commissioner and First-Tier Tribunal (“FTT”) upheld the Council’s decision. The UT (Judge Markus QC) has now reversed the FTT’s decision, and held that the name of the individual councillor concerned should be released.’

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Panopticon, 18th March 2016

Source: www.panopticonblog.com

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Remove pictures of banned boozers or face five-figure payout under Data Protection Act, landlords warned – Daily Telegraph

Posted March 14th, 2016 in compensation, data protection, human rights, news by sally

‘The human rights of banned drinkers may be breached if customers see their mugshots.’

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Daily Telegraph, 13th March 2016

Source: www.telegraph.co.uk

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Regulator issues record £350,000 fine over PPI mis-selling calls – The Guardian

Posted March 1st, 2016 in complaints, data protection, fines, news, telecommunications by sally

‘A company that illegally sold on personal information and plagued members of the public with more than 46m automated nuisance calls relating to Payment Protection Insurance (PPI) mis-selling claims has received a record £350,000 fine.’

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The Guardian, 29th February 2016

Source: www.guardian.co.uk

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Celebrities, the Media and the Personal Data Privacy Wars – Gresham College

Posted February 18th, 2016 in damages, data protection, EC law, legislation, media, news, privacy by sally

‘The Data Protection Act 1998 (DPA) should properly have been called the Data Privacy Act: it is about privacy of personal data and not merely its security. Recent cases – if successful for the claimants – will change the litigation landscape for everyone.’

Transcript

Gresham College, 27th January 2016

Source: www.gresham.ac.uk

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Google to extend ‘right to be forgotten’ to all its domains accessed in EU – The Guardian

Posted February 12th, 2016 in data protection, EC law, internet, news by sally

‘Google will begin blocking search results across all of its domains when a search takes place within Europe, in an extension of how it implements the “right to be forgotten” ruling.’

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The Guardian, 11th February 2016

Source: www.guardian.co.uk

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Sentences for data thieves ‘not tough enough’ – Law Society’s Gazette

Posted January 13th, 2016 in data protection, fines, news, sentencing by sally

‘The information commissioner has repeated calls for stronger sentencing powers for data thieves.’

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Law Society’s Gazette, 12th January 2016

Source: www.lawgazette.co.uk

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Privacy watchdog attacks snooper’s charter over encryption – The Guardian

‘The information commissioner’s office has heavily criticised the draft Investigatory Powers bill for attacking individuals’ privacy, particularly in relation to the apparent requirement on communication providers to weaken or break their data encryption at the government’s request.’

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The Guardian, 12th January 2016

Source: www.guardian.co.uk

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Councils call for online judicial approval of access to communications data – Local Government Lawyer

‘Councils should be able to apply for and be granted magistrates’ approval electronically for access to communications data, the Local Government Association and trading standards organisations have said.’

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Local Government Lawyer, 11th January 2016

Source: www.localgovernmentlawyer.co.uk

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