Criminal record checks: guidance for employers – Home Office
‘How employers or organisations can request DBS checks for potential employees.’
Home Office, 14th July 2015
Source: www.gov.uk/home-office
Category: data protection
Suspended chief constable found guilty of eight misconduct charges – The Guardian
‘A chief constable suspended for a more than a year after being accused of “inappropriate advances” to women has been found guilty of eight charges of misconduct but is to be allowed to return to work.’
The Guardian, 9th July 2015
Source: www.guardian.co.uk
Do Young Thugs have Human Rights? The Supreme Court has a Riot – Panopticon
‘Following a period of considered reflection, or laziness depending on one’s view, it is worth noting the decision of the Supreme Court in In the matter of an application by JR38 for Judicial Review [2015] UKSC 42. The case is all about Article 8 ECHR, and is of particular interest because of the dispute about the breadth of the correct test for the engagement of Article 8. The context is also one which will be familiar to English data protection and privacy lawyers: the publication by the police of photographs seeking to identify a suspect. If anyone remembers that famous picture of a youth in a hoodie pointing his fingers like a gun behind an awkward looking David Cameron, JR38 is basically that, but with Molotov cocktails and a sprinkling of sectarian hatred.’
Panopticon, 9th July 2015
Source: www.panopticonblog.com
Privacy watchdog to investigate whether charities trading cold-calling ‘generous lists’ – Daily Telegraph
‘Charities sharing personal data without proper consent could be breaking the law, warns Information Commissioner.’
Daily Telegraph, 7th July 2015
Source: www.telegraph.co.uk
Data protection regulator launches staunch defence of Freedom of Information Act – The Independent
‘The regulator in charge of data protection and consumer protection has given a staunch defence of Britain’s embattled transparency laws, only days after Justice Secretary Michael Gove confirmed he was considering a crackdown on freedom of information laws.’
Full story
The Independent, 2nd July 2015
Source: www.independent.co.uk
New UK rules finalised on the re-use of public sector information – OUT-LAW.com
‘Public bodies in the UK must make it easier for businesses to re-use the information they hold from the middle of next month, under new regulations that have been passed by parliament.’
Full story
OUT-LAW.com, 30th June 2015
Source: www.out-law.com
New code of conduct on data protection for cloud service providers being scrutinised by EU privacy watchdogs – OUT-LAW.com
‘EU privacy watchdogs are assessing a proposed new code of conduct on data protection for cloud service providers that the European Commission hopes will help to boost the uptake of cloud services by EU businesses.’
Full story
OUT-LAW.com, 30th June 2015
Source: www.out-law.com
GCHQ spied on two human rights bodies – Daily Telegraph
‘GCHQ spied on two human rights organisations, it has emerged, and breached its own internal policies in how it handled the information.’
Daily Telegraph, 22nd June 2015
Source: www.telegraph.co.uk
Britain Can Lead the World In Online Privacy – UK Human Rights Blog
‘British legal history has long inspired the common law world. The Magna Carta, an 800-year-old agreement between a King and his barons, remains an icon of liberty, seen around the world as the foundation stone of the rule of law. In contrast, British law on online surveillance and privacy has been arcane and obscure – a field that is for reluctant experts if it is for anyone at all.’
UK Human Rights Blog, 13th June 2015
Source: www.ukhumanrightsblog.com
Legal challenge against Data Retention and Investigatory Powers Act reaches High Court – OUT-LAW.com
‘A legal challenge fronted by two UK MPs against communications surveillance laws passed last year has reached the High Court.’
OUT-LAW.com, 4th June 2015
Source: www.out-law.com
Cost of data breach incidents to business soars, finds UK government study – OUT-LAW.com
‘The worst data breach incidents are costing UK businesses between £1.5 million and £3m on average through business disruption, lost sales and assets and damage to reputation, new research by the UK government and consultancy PwC has found.’
OUT-LAW.com, 3rd June 2015
Source: www.out-law.com
Regina (AB) v Chief Constable of Hampshire Constabulary – WLR Daily
Regina (AB) v Chief Constable of Hampshire Constabulary [2015] EWHC 1238 (Admin); [2015] WLR (D) 225
‘While the disclosure by police of non-conviction material to a third party involved an interference with a person’s right to respect for his private and family life, within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the common law empowered the police to disclose relevant information to relevant parties, where it was necessary for police purposes such as the public protection. Moreover, the Data Protection Act 1998 and the relevant statutory and administrative codes, provided a sufficiently clear, accessible and consistent set of rules, so as to prevent arbitrary or abusive interference with an individual’s article 8 rights; such that the disclosure would be in accordance with law.’
WLR Daily, 20th May 2015
Source: www.iclr.co.uk
Disclosing child protection information: make sure you ask the right questions first – Panopticon
‘High-profile revelations in recent years illustrate the importance of public authorities sharing information on individuals who are of concern in relation to child protection matters. When inaccurate information is shared, however, the consequences for the individual can be calamitous.’
Panopticon, 1st June 2015
Source: www.panopticonblog.com
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.’
BBC News, 27th May 2015
Source: www.bbc.co.uk
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.’
BBC News, 27th May 2015
Source: www.bbc.co.uk
Police force fined £160k after losing DVDs of interview with abuse victim – Local Government Lawyer
‘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.’
Local Government Lawyer, 18th May 2015
Source: www.localgovernmentlawyer.co.uk
Mosley v Google: RIP – Panopticon
‘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).’
Panopticon, 18th May 2015
Source: www.panopticonblog.com
Information Commissioner’s Office to review privacy in children’s apps – The Guardian
‘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.’
The Guardian, 12th May 2015
Source: www.guardian.co.uk
Section 7(9) Again (What, Again?) – Panopticon
‘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.’
Panopticon, 7th May 2015
Source: www.panopticonblog.com
PC Adam Rushton is jailed for sexual misconduct – BBC News
‘A police officer who had sex with vulnerable women while on duty has been jailed for three years.’
Full story
BBC News, 1st May 2015
Source: www.bbc.co.uk
