‘Businesses are not expected to scour the internet and other sources to check whether there is any information that, when linked with personal data they hold, would mean the data they hold is in fact sensitive personal data, according to a new UK ruling.’
OUT-LAW.com, 1st September 2015
Source: www.out-law.com
‘Businesses that investigate data security incidents or potential cases of customer fraud could have greater scope to keep their internal documents secret as a result of a ruling by the High Court in London, an expert has said.’
Full story
OUT-LAW.com, 28th October 2015
Source: www.out-law.com
‘In Information Commissioner v Colenso-Dunne [2015] UKUT 471 (AAC), the UT was considering an appeal by the ICO concerning an order of the FTT that it disclose names of journalists that the ICO had seized during a raid on the home of Steve Whittamore in 2003. The raid was known as Operation Motorman, and it is generally supposed that Mr Whittamore, a private investigator, had a list of journalist who used his morally and legally dubious services.’
Panopticon, 28th August 2015
Source: www.panopticonblog.com
‘FOCUS: Businesses that experience data security breaches can use the law of legal privilege to investigate the circumstances of those breaches without fear that internal investigation documents will be used against them by regulators or litigants.’
OUT-LAW.com, 26th August 2015
Source: www.out-law.com
‘FOCUS: The Ashley Madison data breach case highlights the unsatisfactory lack of clarity that exists over which data protection laws apply to businesses that operate across the world.’
OUT-LAW.com, 24th August 2015
Source: www.out-law.com
‘Zaw Lin and Wai Phyo v Commissioner of Police for the Metropolis [2015] EWHC 2484 (QB), a judgment of Green J handed down today, is an interesting – if somewhat fact-specific – contribution to the burgeoning body of case law on how subject access requests (SARs) made under the Data Protection Act 1998 (DPA) should be approached, both by data controllers and by courts.’
Panopticon, 25th August 2015
Source: www.panopticonblog.com
‘Google has been ordered to remove nine links to news stories by the UK’s Information Commissioner’s Office (ICO) under the “right to be forgotten”.’
BBC News, 21st August 2015
Source: www.bbc.co.uk
‘The Information Commissioner’s Code of Practice on Data Protection steadfastly maintains that data controllers cannot refuse to respond to a subject access request unless one of the specific exceptions in the Data Protection Act 1998 (“DPA”) applies. However, there is a growing body of case law on the circumstances in which the courts will refuse to enforce compliance with subject access requests under s 7(9) of the Act, even where one of the specific exceptions under the Act does not apply.’
Panopticon, 12th August 2015
Source: www.panopticonblog.com
Dawson-Damer and others v Taylor Wessing LLP and others [2015] EWHC 2366 (Ch); [2015] WLR (D) 361
‘The purpose of section 7 of the Data Protection Act 1998 entitling an individual to have access to information in the form of his “personal data” was to enable him to check whether the data controller’s processing of it unlawfully infringed his privacy and, if so, to take such steps as the Act provided, to protect it. It was no part of its purpose to enable the individual to obtain discovery of documents that might assist him in litigation or complaints against third parties.’
WLR Daily, 6th August 2015
Source: www.iclr.co.uk
‘Businesses selling or licensing digital content will not have to honour most “rights and remedies” that consumers will have under new UK consumer protection laws where those consumers exchange access to their personal data rather than money in return for that content, a UK regulator has said.’
OUT-LAW.com, 7th August 2015
Source: www.out-law.com
‘Sensitive personal information has been lost or stolen in thousands of data breaches by councils, according to a study by privacy campaign group Big Brother Watch.’
The Guardian, 11th August 2015
Source: www.guardian.co.uk
‘New guidelines to be issued by the Home Office will make clear the factors that must be considered before mental health crises are disclosed in background checks made on people applying to work with vulnerable groups.’
The Guardian, 9th August 2015
Source: www.guardian.co.uk
‘The right to be forgotten is beginning to generate some litigation, albeit not yet with any blaze of glory. Following on from the attempt to judicially review the ICO for refusing to try and enforce an individual’s complaint that his data rights were being breached (see here), earlier this week a claimant failed to get his right to be forgotten claim to fly before the Nottingham County Court.’
Panopticon, 31st July 2015
Source: www.panopticonblog.com
‘Facebook is one of the main battlegrounds between privacy and other social goods such as safety and security.’
Full story
Panopticon, 31st July 2015
Source: www.panopticonblog.com
‘A man involved in a £51m VAT scam has lost a legal bid to have news stories about him removed from Google under the so-called “right to be forgotten”.’
Full story
BBC News, 30th July 2015
Source: www.bbc.co.uk
‘The spectre of Jimmy Saville casts a long shadow and now it extends to data protection, the Data Protection Act 1998 being the latest august and uniformly popular institution (following the BBC, Broadmoor and Margaret Thatcher to name just some) to suffer as a result of his actions. The perennial sight of investigations and public inquiries into historic sex abuse of children in local authority, chiefly arising out of the wider ramifications of Operation Yewtree, has provided a very ready explanation for local authorities for the need to retain child protection data.’
Panopticon, 23rd July 2015
Source: www.panopticonblog.com
‘Facebook is no stranger to complaints about the content of posts. Usually, one user complains to Facebook about what other users’ posts say about him. By making the offending posts available, Facebook is processing the complainant’s personal data, and must do so in compliance with data protection law.’
Full story
Panopticon, 22nd Juyl 2015
Source: www.panopticonblog.com
‘Three politicians will challenge the lawfulness of the intelligence services’ bulk interception of electronic data at a hearing later.’
BBC News, 23rd July 2015
Source: www.bbc.co.uk
‘Andrew Skelton, a former employee of Morrisons supermarket has today (17 July) been found guilty of fraud, securing unauthorised access to computer material and disclosing personal data. He has been sentenced to eight years at Bradford Crown Court, in relation to stealing personal data belonging to nearly 100,000 Morrisons employees.’
Crown Prosecution Service, 17th July 2015
Source: www.cps.gov.uk
‘High court judges will give their decision on Friday on an accusation that the government has imposed laws which allow the police and security services to “spy on citizens” without proper safeguards.’
The Guardian, 17th July 2015
Source: www.guardian.co.uk
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