Bridle-ing at a SAR? – Panopticon

Posted April 25th, 2019 in asbestos, data protection, expert witnesses, news by sally

‘Sometimes the Easter Bunny comes bearing mysteriously non-egg shaped gifts to the data protection practitioner. The judgment of the always-worth-reading Warby J in Rudd v Bridle & J&S Bridle Ltd [2019] EWHC 893 (QB) is just such a delivery, albeit that this one appears to contain a high content of asbestos.’

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Panopticon, 18th April 2019

Source: panopticonblog.com

Bounty pregnancy club fined £400,000 over data handling – BBC News

Posted April 15th, 2019 in data protection, fines, news, pregnancy by michael

‘The fine was issued by the Information Commissioner’s Office (ICO) in what it said was an “unprecedented” case.’

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BBC News, 12th April 2019

Source: www.bbc.co.uk

Retention of crime reports about alleged teenage ‘sexting’ did not breach Article 8 – UK Police Law Blog

‘In R (CL) v Chief Constable of Greater Manchester & Secretary of State for the Home Department [2018] EWHC 3333 (Admin), the Divisional Court held that the retention by the police of crime reports which related to sexting incidents in which a schoolboy had allegedly been involved did not breach his rights under Article 8 ECHR.’

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UK Police Law Blog, 9th April 2019

Source: ukpolicelawblog.com

Government immigration database ‘deeply sinister’, say campaigners – The Guardian

‘The Home Office is developing a database that could provide quick immigration checks to outside organisations amid criticism from campaigners, who call it “deeply sinister” and say it could amount to a “secret digital ID system”.’

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The Guardian, 10th April 2019

Source: www.theguardian.com

Ex-GP practice manager fined for emailing personal data to own account without authorisation – Local Government Lawyer

Posted April 9th, 2019 in data protection, doctors, electronic mail, fines, news by sally

‘A former GP practice manager has been fined for sending personal data to her own email account without authorisation, following an investigation by the Information Commissioner’s Office (ICO).’

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Local Government Lawyer, 8th April 2019

Source: www.localgovernmentlawyer.co.uk

Windrush: Home Office admits data breach in compensation scheme – BBC News

‘The Home Office has admitted breaching data protection rules when it launched the Windrush compensation scheme.’

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BBC News, 8th April 2019

Source: www.bbc.co.uk

Inquiry launched into data use from no-deal Brexit ads on Facebook – The Guardian

Posted April 5th, 2019 in advertising, brexit, data protection, internet, news, referendums by sally

‘The information commissioner’s office will use its legal powers to obtain information from Facebook about a secretive network of pro-Brexit advertising campaigns on the social network, following revelations about the involvement of Sir Lynton Crosby’s company in campaigns pushing for a hard no-deal Brexit.’

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The Guardian, 4th April 2019

Source: www.theguardian.com

Finding an ethical way forward for Artificial Intelligence – Technology Law Update

Posted March 26th, 2019 in artificial intelligence, data protection, news, privacy by sally

‘Artificial intelligence is making an impact in real-world situations, from agritech to music composition, and healthcare data analysis to customer service. As the technology expands, this is an important moment for establishing a competitive advantage.’

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Technology Law Update, 25th March 2019

Source: www.technology-law-blog.co.uk

The Extremism Database is in Breach of the European Convention on Human Rights – Oxford Human Rights Hub

‘On 24 January 2019, the European Court of Human Rights (the ECtHR) delivered its judgment in the case of Catt v. the UK and found that police powers to retain personal data in its Extremism Database is in breach of the European Convention on Human Rights.’

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Oxford Human Rights Hub, 26th March 2019

Source: ohrh.law.ox.ac.uk

Adtech, ePrivacy and the GDPR – Panopticon

Posted March 25th, 2019 in advertising, data protection, internet, news, privacy by sally

‘Scarcely a week goes by without my saying to someone or other (clients, colleagues, my children round the dinner table): the GDPR is not an exhaustive regime – where applicable, you need to ensure compliance with ePrivacy laws as well. Especially when it comes to electronic marketing communications, cookies and related ad tech. This inevitably prompts the question: aren’t we supposed to be getting a new ePrivacy law? What’s the delay?’

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Panopticon, 22nd March 2019

Source: panopticonblog.com

NHS employee fined for unlawfully accessing personal records – Local Government Lawyer

‘An employee of an NHS Foundation Trust in the West Midlands has been fined for unlawfully accessing the personal records of 14 individuals.’

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Local Government Lawyer, 21st March 2019

Source: www.localgovernmentlawyer.co.uk

Sailing to Byzantium – Blockchain and the art market – Tanfield Chambers

Posted March 20th, 2019 in artistic works, data protection, EC law, electronic commerce, news by sally

‘One of the great frustrations of reading about blockchain is that many of those who set themselves the task of explaining it tell you what they believe it does, rather than explaining what it is, and often what they think it does is received wisdom, leading their expositions to founder on the Scylla of over-simplification. Others, who do understand what it is, often presume on the part of a general readership a level of familiarity with what might appear to be arcane technical concepts which such a readership does not possess: anyone for Byzantine Fault Tolerance? Their expositions thus founder on the Charybdis of incomprehensibility to all but fellow experts. Neither approach really facilitates a consideration of the benefits nor an appreciation of the risks involved in the use of blockchain technology.’

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Tanfield Chambers, 11th March 2019

Source: www.tanfieldchambers.co.uk

GDPR: ‘e-Privacy’ breaches can be factored into fines – OUT-LAW.com

Posted March 19th, 2019 in data protection, EC law, electronic mail, fines, news, privacy by sally

‘Businesses face higher fines if their processing of personal data is found to breach both the General Data Protection Regulation (GDPR) and EU ‘e-Privacy’ rules, according to a new opinion issued by the European Data Protection Board (EDPB).’

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OUT-LAW.com, 18th March 2019

Source: www.out-law.com

Digital Freedom: Are Your Rights At Risk? – Rights Info

Posted March 15th, 2019 in bills, copyright, data protection, EC law, human rights, internet, news, privacy by sally

‘As propaganda, ‘fake news’ and other forms of disinformation become increasingly common from governments, individuals and powerful organisations across the world, it’s become harder than ever for the average person to discern facts from fiction.’

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Rights Info, 14th March 2019

Source: rightsinfo.org

Lords urge tougher rules for tech firms – BBC News

Posted March 11th, 2019 in data protection, internet, news, ombudsmen, parliament, privacy, regulations, standards by sally

‘Tech firms, such as Google and Facebook, must improve their “inadequate” responses to privacy and data breaches and anti-social content, a House of Lords report says.’

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BBC News, 9th March 2019

Source: www.bbc.co.uk

Solicitors using GDPR for medical records “is like patient request” – Litigation Futures

Posted March 8th, 2019 in data protection, doctors, medical records, news, solicitors by sally

‘The Information Commissioner’s Office (ICO) has stepped in to calm GPs’ concerns about solicitors using the General Data Protection Regulation (GDPR) to obtain clients’ medical records.’

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Litigation Futures, 8th March 2019

Source: www.litigationfutures.com

Personal Data in the Upper Tribunal – Panopticon

Posted March 4th, 2019 in data protection, disclosure, freedom of information, news by sally

‘We all love nuggets, be they of gold or chicken. A couple of short recent Upper Tribunal judgments reached under FOIA may not be finger-lickin’ good, but are nonetheless worthy noting as a tasty morsel or two.In Information Commissioner v Halpin [2019] UKUT 29 (AAC) Judge Markus QC overturned an FTT decision which had held that personal data was not exempt under section 40(2) FOIA. She explained that the FTT had erred in declining to have regard to the possibility of wider disclosure to the world beyond the requestor – because the public authority would no longer have any control over the information once released – such that it had failed properly to balance the competing interests and effects of disclosure. This was a point made in GR-N v Information Commissioner & NMC [2015] UKUT 449 (AAC) and applied since. The requestor’s private motives were sufficient to form a legitimate interest, but did not form a justification for disclosure to the world at large. The FTT had also erred in failing to address the core concern of the public authority, that disclosure would lead to inappropriate complaints against or other targeting of the particular data subjects causing them stress. It was no answer to that to say that the authority had procedures to address complaints: the point was not that the complaints would be upheld but that they would have to be dealt with when they would not have been without disclosure.’

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Panopticon, 28th February 2019

Source: panopticonblog.com

Lords urged to hurry through legislation cracking down on ‘cowboy’ parking firms as it emerges DVLA will share details of 7m drivers this year – Daily Telegraph

‘The House of Lords has been urged to hurry through legislation that will crack down on “cowboy” private parking firms, as it emerged that seven million drivers will have their personal details shared by the DVLA this year.’

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Daily Telegraph, 24th February 2019

Source: www.telegraph.co.uk

GDPR codes must meet admissibility requirements – OUT-LAW.com

Posted February 22nd, 2019 in codes of practice, data protection, EC law, news, privacy by sally

‘Trade bodies considering drawing up new codes of conduct to govern data privacy practices in their sector will be required to meet admissibility requirements before those codes will be assessed for their compliance with the General Data Protection Regulation (GDPR), a data protection watchdog has said.’

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out-LAW.com, 21st February 2019

Source: www.out-law.com

MPs call for ethics-based internet regulation – OUT-LAW.com

‘A new code of ethics should govern the removal of harmful content from the internet and there should be “large fines” for technology companies that fail to comply with it, a prominent group of MPs has said.’

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OUT-LAW.com, 19th February 2019

Source: www.out-law.com