Campaigners threaten UK parties with legal action over data processing – The Guardian

Posted December 10th, 2019 in data protection, elections, news, political parties by sally

‘A data rights group has threatened legal action against the Conservatives, Labour and the Liberal Democrats over the parties’ use of personal data ahead of Thursday’s election.’

Full Story

The Guardian, 9th December 2019

Source: www.theguardian.com

Some you might have missed – Panopticon

Posted December 5th, 2019 in consent, data protection, human rights, immigration, internet, news, privacy by sally

By which we mean: some that we did miss blogging about. With apologies and better late than nevers, here’s a round-up of three recent(ish) cases worthy of note. In R (Open Rights Group) v SSHD digital campaigners Open Rights Group and The3million (campaigning on behalf of so many EU Citizens living in the UK) challenged the immigration exemption – one of the few new features in the DPA 2018 that strengthens the controller’s hand – as incompatible with fundamental charter rights to privacy and protection of personal data. They also contended that it was too broad, vague and lacking in the safeguards required by the parent Article 23 GDPR (which enables Member States to enact domestic exemptions).The exemption follows a formula which is familiar from other exemptions, old and new – processing of personal data relating to some public good is exempt from data subject rights, to the extent that the public good is jeopardised by execise of those rights. The immigration-specific exemption is new – as the Secretary of State’s witness explained [29], ‘where an exemption was required in an immigration context, reliance was placed on the crime exemption contained latterly in s.29 of DPA 1998’. In other words, the Home Office was getting by OK under the old regime, and one aspect of the challenge to the exemption was that the introduction of a measure infringing fundamental rights must be ‘strictly necessary’.

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Panopticon, 5th December 2019

Source: panopticonblog.com

ICO consults on new draft guidance on Subject Access Requests under GDPR – Local Government Lawyer

Posted December 5th, 2019 in codes of practice, consultations, data protection, news, ombudsmen by sally

‘The Information Commissioner has launched a consultation on new draft guidance for organisations on how to handle Subject Access Requests (SARs) under the GDPR.’

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Local Government Lawyer, 4th December 2019

Source: www.localgovernmentlawyer.co.uk

Information watchdog updates guidance for data controllers on protecting ‘special category data’ – Local Government Lawyer

Posted November 18th, 2019 in codes of practice, data protection, local government, news, ombudsmen, privacy by sally

‘The ICO has issued updated guidance on special category data, to which data controllers must give extra protection under the GDPR.’

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Local Government Lawyer, 15th November 2019

Source: www.localgovernmentlawyer.co.uk

Speech by Sir Geoffrey Vos, The Chancellor of the High Court: the annual COMBAR lecture – Courts and Tribunals Judiciary

‘Speech by Sir Geoffrey Vos, The Chancellor of the High Court: the annual COMBAR lecture.’

Full speech

Courts and Tribunals Judiciary, 13th November 2019

Source: www.judiciary.uk

Department for Education flouted rules when it secretly shared pupil data with Home Office, says watchdog – The Independent

Posted November 14th, 2019 in data protection, government departments, immigration, news, school children by tracey

‘The Department for Education (DfE) flouted data protection obligations when it shared information about children with the Home Office for immigration enforcement purposes, a watchdog had said.’

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The Independent, 14th November 2019

Source: www.independent.co.uk

Police officers illicitly access police computers including checks on a partner’s criminal record – Daily Telegraph

‘Hundreds of police officers and staff have illicitly accessed police databases for their own ends including checking the criminal records of partners. Freedom of Information requests show 237 officers and staff have been disciplined for accessing the highly-sensitive police national computer or other IT systems in the past two years.’

Full Story

Daily Telegraph, 7th November 2019

Source: www.telegraph.co.uk

‘Completely Inappropriate’: Raise Age Of Digital Consent To 16, MPs Say – Rights Info

Posted November 6th, 2019 in age of consent, children, consent, data protection, internet, news by sally

‘The age at which children can legally consent to having their personal data processed by tech companies should be raised from 13 to 16, MPs have urged.’

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Rights Info, 5th November 2019

Source: rightsinfo.org

Case Preview: WM Morrisons Supermarkets plc v Various Claimants – UKSC Blog

Posted November 6th, 2019 in computer crime, data protection, news, Supreme Court, vicarious liability by sally

‘On 6 and 7 November 2019, the Supreme Court will hear Morrison’s appeal from the ruling of the Court of Appeal, in a data breach claim brought by 5,500 employees. The claim raises important questions of employee liability for the actions of rogue employees. It is one of a series of large cases which are working their way through the Courts (including claims against Google and British Airways), which each illustrate the increasing risks businesses face from group claims/class actions, arising from data protection breaches.’

Full Story

UKSC Blog, 5th November 2019

Source: ukscblog.com

Police may have used ‘dangerous’ facial recognition unlawfully in UK, watchdog says – The Independent

‘Facial recognition technology may have been used unlawfully by police, a watchdog has warned while calling for urgent government regulation.’

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The Independent, 1st November 2019

Source: www.independent.co.uk

Court of Appeal gives green light to consumer rights campaigner in 4 million person strong representative action against Google – Henderson Chambers

‘On 2 October 2019, the Court of Appeal, in a unanimous judgment given by Sir Geoffrey Vos, Chancellor of the High Court, upheld the Claimant’s appeal in the case of Richard Lloyd v Google LLC [2019] EWCA Civ 1599. The Court of Appeal reversed the decision of the court below and gave Mr Lloyd permission to serve Google LLC outside the jurisdiction (in the US), enabling him to proceed with his representative action. The class he represents is composed of an estimated 4 million Apple iPhone users. Any substantive judgment will prove interesting in demonstrating the role of representative and group actions in the space of consumer rights at the intersection of tech and information rights. Google LLC, however, has confirmed that it intends to appeal this procedural point to the Supreme Court.’

Full Story

Henderson Chambers, 7th October 2019

Source: www.hendersonchambers.co.uk

Ex-Met detective loses court battle over payout for data breach – The Guardian

‘A former Metropolitan police detective who successfully sued the force for wrongly using its powers to investigate her has lost her eight-year court battle to hold the police to account.’

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The Guardian, 21st October 2019

Source: www.theguardian.com

Master urges APIL and FOIL to agree recordings protocol – Litigation Futures

‘A High Court master has urged the Association of Personal Injury Lawyers and the Forum of Insurance Lawyers to agree a protocol to govern the recording of medico-legal examinations.’

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Litigation Futures, 15th October 2019

Source: www.litigationfutures.com

Browser Generated Information: “loss of control” entitles search engine users to compensation – UK Human Rights Blog

‘Richard Lloyd v. Google LLC [2019] EWCA Civ 1599. The Court of Appeal has ruled that a claimant can recover damages for loss of control of their data under section 13 of Data Protection Act 1998 without proving pecuniary loss or distress. The first instance judge, Warby J, had dismissed Mr Lloyd’s application for permission to serve Google outside the jurisdiction in the USA, so preventing the claim getting under way.’

Full Story

UK Human Rights Blog, 4th October 2019

Source: ukhumanrightsblog.com

UK and US sign landmark Data Access Agreement – Home Office

‘Home Secretary Priti Patel last night (Thursday 3 October) signed an historic agreement that will enable British law enforcement agencies to directly demand electronic data relating to terrorists, child sexual abusers and other serious criminals from US tech firms.’

FUll press release

Home Office, 4th October 2019

Source: www.gov.uk/home-office

Google ‘tracking iPhone users’ case goes ahead – BBC News

‘Legal action brought against Google for allegedly tracking the personal data of four million iPhone users can go ahead in the UK, three judges have ruled.’

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BBC News, 2nd October 2019

Source: www.bbc.co.uk

Facial Recognition Technology: High Court gives judgment – UK Human Rights Blog

‘R (Bridges) v Chief Constable of South Wales Police and Secretary of State for the Home Department [2019] EWHC 2341 (Admin). The High Court has dismissed an application for judicial review regarding the use of Automated Facial Recognition Technology (AFR) and its implications for privacy rights and data protection.’

Full Story

UK Human Rights Blog, 12th September 2019

Source: ukhumanrightsblog.com

Watchdog questions collection of public’s Gov.uk data – BBC News

‘The UK’s Information Commissioner’s Office is questioning the UK government about the collection of personal data on its Gov.uk platform.’

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BBC News, 12th September 2019

Source: www.bbc.co.uk

Lawyers accuse BA of ‘swerving responsibility’ for data breach after time limit is imposed for compensation claims – Daily Telegraph

‘British Airways has been accused of “swerving responsibility” for a massive data breach by trying to limit compensation payouts for victims, lawyers claim.’

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Daily Telegraph, 12th September 2019

Source: www.telegraph.co.uk

Law firms “need data-sharing guidance” to avoid GDPR breaches – Legal Futures

Posted September 12th, 2019 in data protection, law firms, news by tracey

‘The Information Commissioner needs to provide specific guidance to law firms on how they can lawfully share personal data, a leading City law firm has argued.’

Full Story

Legal Futures, 12th September 2019

Source: www.legalfutures.co.uk