The government’s data law – an attack on encryption? – BBC News

‘Overdue modernisation of the way the authorities monitor criminals and terrorists – or a Snooper’s Charter eroding our basic liberties? The proposal outlined in the Queen’s Speech to “modernise the law on communications data” will divide opinion. But prepare for another long battle over the way that law is framed and the balance it strikes between privacy and public safety.’

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BBC News, 27th May 2015

Source: www.bbc.co.uk

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Queen’s Speech: New online data terror powers proposed – BBC News

‘Planned new laws to give police and spies stronger powers to “target the online communications” of terrorist suspects are in the Queen’s Speech.’

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BBC News, 27th May 2015

Source: www.bbc.co.uk

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Police force fined £160k after losing DVDs of interview with abuse victim – Local Government Lawyer

Posted May 19th, 2015 in data protection, evidence, fines, news, police, video recordings by sally

‘The Information Commissioner’s Office has imposed a £160,000 monetary penalty on a police force after it lost DVDs of an interview which formed part of the evidence in a sexual abuse case.’

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Local Government Lawyer, 18th May 2015

Source: www.localgovernmentlawyer.co.uk

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Mosley v Google: RIP – Panopticon

Posted May 19th, 2015 in data protection, EC law, human rights, internet, news, privacy by sally

‘So Max Mosley has done a deal with Google in respect of his claim that Google had breached his rights under the DPA 1998 by refusing to block certain images and videos accessible via the Google search engine (see this FT article which suggests that the settlement also applies to claims brought by Mr Mosley in Germany and France). The settlement of the claim, which follows on from Google’s failed strike out application (discussed further below), leaves unanswered a number of really important questions concerning the application of data protection rights in the online world. Not least, the settlement leaves open the question of the extent to which the so-called ‘right to be forgotten’ can operate so as to force internet search engines, not only to de-index individual URLs on request, but also to block access to the offending data globally (i.e. as ISEs already do, for example, where images of child pornography are identified).’

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Panopticon, 18th May 2015

Source: www.panopticonblog.com

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Information Commissioner’s Office to review privacy in children’s apps – The Guardian

Posted May 13th, 2015 in children, computer programs, data protection, news, privacy by tracey

‘Children’s apps and websites are in the spotlight on privacy grounds again, after the UK’s Information Commissioner’s Office (ICO) announced a review of how these services collect data on their young users.’

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The Guardian, 12th May 2015

Source: www.guardian.co.uk

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Section 7(9) Again (What, Again?) – Panopticon

Posted May 7th, 2015 in damages, data protection, news by sally

‘On a day when the country goes to the polls (or, if you a UKIP supporter, to the Poles), it is nice to be able remind people of the more important things in life than mere democratic-right exercising. The chief of these is, surely, developments under the Data Protection Act 1998. Happily, Panopticon can assist, with a quick note on an ex tempore judgment of HHJ Seymour QC in Ittihadieh v 5-11 Cheyne Gardens RTM Co Ltd & 6 others (QBD, 5 May 2015). There is no transcript yet available, but a headnote is now reported on Lawtel, and this summary is taken from that.’

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Panopticon, 7th May 2015

Source: www.panopticonblog.com

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PC Adam Rushton is jailed for sexual misconduct – BBC News

Posted May 5th, 2015 in data protection, news, police, professional conduct, sentencing by sally

‘A police officer who had sex with vulnerable women while on duty has been jailed for three years.’
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BBC News, 1st May 2015

Source: www.bbc.co.uk

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Freedom of information: round-up – Law Society’s Gazette

‘Transparency and openness for local authorities does not just mean disclosing information under the Freedom of Information Act 2000 (FoI). Section 3 of the Local Government, Planning and Land Act 1980 gives the secretary of state the power to issue a code of practice about the publication of information by local authorities relating to the discharge of their functions.’

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Law Society’s Gazette, 13th April 2015

Source: www.lawgazette.co.uk

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Why we should see Andrew Lansley’s diary in the run up to 2011 NHS reforms – UK Human Rights Blog

‘Department of Health v. Information Commissioner et al [2015] UKUT 159, 30 March 2015, Charles J read judgment Simon Lewis requested that the Department of Health supply him with copies of the ministerial diary of Andrew Lansley from May 2010 until April 2011, via a Freedom of Information request. Mr Lewis’s interest in all this is not revealed in the judgment, but I dare say included seeing whether the Minister was being lobbied by private companies eager to muscle in on the NHS in this critical period. But such is the nature of FOIA litigation that it does not really look at the motive of the requester – and this case does not tell us what the diary showed. Indeed by the time of this appeal, Lewis was untraceable, and the burden of the argument in favour of disclosure was taken up by the Information Commissioner.’

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UK Human Rights Blog, 10th April 2015

Source: www.ukhumanrightsblog.com

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University admissions service broke data laws over targeted advertising – The Guardian

Posted April 9th, 2015 in advertising, data protection, news, privacy, universities, young persons by sally

‘The universities admissions service, Ucas, broke data protection rules when it signed up teenagers to receive adverts about mobile phones, energy drinks and other products, the information commissioner has ruled.’

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The Guardian, 8th April 2015

Source: www.guardian.co.uk

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Vidal-Hall v Google Inc (Information Commissioner intervening) – WLR Daily

Vidal-Hall v Google Inc (Information Commissioner intervening) [2015] EWCA Civ 311; [2015] WLR (D) 156

‘A claim for misuse of private information should be categorised as a tort for the purposes of service of proceedings out of the jurisdiction.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

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Facebook ‘tracks all visitors, breaching EU law’ – The Guardian

Posted April 1st, 2015 in computer programs, consent, data protection, EC law, internet, news, privacy by sally

‘Facebook tracks the web browsing of everyone who visits a page on its site even if the user does not have an account or has explicitly opted out of tracking in the EU, extensive research commissioned by the Belgian data protection agency has revealed.’

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The Guardian, 31st March 2015

Source: www.guardian.co.uk

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Google’s misuse of private browsing data entitles individuals to damages – Court of Appeal – UK Human Rights Blog

‘This case concerned the misuse of private information by an internet provider based in the United States. Google had secretly tracked private information about users’ internet browsing without their knowledge or consent, and then handed the information on to third parties (a practice known as supplying Browser-Generated Information, or ‘BGI’).’

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UK Human Rights Blog, 31st March 2015

Source: www.ukhumanrightsblog.com

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Google and the DPA – RIP section 13(2) – Panopticon

Posted March 30th, 2015 in appeals, damages, data protection, freedom of information, internet, news, privacy by sally

‘Well, isn’t this an exciting week (and I don’t mean Zayn leaving One Direction)? First, Evans and now Vidal-Hall. We only need Dransfield to appear before Easter and there will be a full red bus analogy. Robin opened yesterday’s analysis of Evans by remarking on the sexiness of FOIA. If there is one thing you learn quickly as an information law practitioner, it is not to engage in a sexiness battle with Robin Hopkins. But high-profile though Evans is, the judgment in Vidal-Hall will be of far wider significance to anyone having to actually work in the field, rather than simply tuning every now and then to see the Supreme Court say something constitutional against a FOIA background. Vidal-Hall might not be the immediate head-turner, but it is probably going to be the life-changer for most of us. So, while still in the ‘friend zone’ with the Court of Appeal, before it all gets serious, it is important to explain what Vidal-Hall v Google [2015] EWCA Civ 311 does.’

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Panopticon, 27th March 2015

Source: www.panopticonblog.com

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Google loses UK appeal court battle over ‘clandestine’ tracking – The Guardian

Posted March 30th, 2015 in appeals, consumer protection, damages, data protection, internet, news, privacy by sally

‘Google has failed in its attempt in the court of appeal to prevent British consumers having the right to sue the internet firm in the UK.’

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The Guardian, 27th March 2015

Source: www.guardian.co.uk

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R (on the application of Catt) (AP) (Respondent) v Commissioner of Police of the Metropolis and another (Appellants); R (on the application of T) (AP) (Respondent) v Commissioner of Police of the Metropolis (Appellant) – Supreme Court

R (on the application of Catt) (AP) (Respondent) v Commissioner of Police of the Metropolis and another (Appellants); R (on the application of T) (AP) (Respondent) v Commissioner of Police of the Metropolis (Appellant) [2015] UKSC 9 (YouTube)

Supreme Court, 4th March 2015

Source: www.youtube.com/user/UKSupremeCourt

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Home Secretary announces time limits for police bail – Home Office

Posted March 25th, 2015 in bail, data protection, news, police, time limits by sally

‘Home Secretary’s announces range of measures in response to police bail consultation.’

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Home Office, 23rd March 2015

Source: www.gov.uk/home-office

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Is privacy dead? – OUP Blog

Posted March 24th, 2015 in data protection, EC law, human rights, internet, news, privacy by sally

‘In 1980, personal computers were still in their infancy, and the internet did not exist. There were, of course, genuine concerns about threats to our privacy, but, looking back at my book of that year, they mostly revolved around telephone tapping, surveillance, and unwanted press intrusion. Data protection legislation was embryonic, and the concept of privacy as a human right was little more than a chimera.’

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OUP Blog, 20th March 2015

Source: http://blog.oup.com

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Why the cookies law wasn’t fully baked – and how to avoid being tracked online – The Guardian

Posted March 19th, 2015 in computer programs, data protection, EC law, internet, news, privacy by sally

‘The UK uses the most tracking cookies of any EU country. How should you be protecting your privacy online?’

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The Guardian, 19th March 2015

Source: www.guardian.co.uk

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Freedom of Information and Data Protection: Case Law Update 2014 – Thirty Nine Essex Street

‘This paper covers key information rights cases in 2014. The breadth of issues covered below, from legal professional privilege, human rights to vexatious requests, demonstrates the overlap between information law and many other areas of public law. This paper is intended to provide guidance, even for those who are not steeped, day-to-day, in the workings of the Freedom of Information Act 2000 (“FOIA”) and the Data Protection Act 1998 (the “DPA”), on the practical implications of these developments.’

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Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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