data protection – Page 39 – Current Awareness

The 91 year-old activist and the angry neighbours: the Supreme Court considers the limits on police retaining personal data – RPC Privacy Law

Posted March 12th, 2015 in appeals, data protection, demonstrations, news, police, Supreme Court by sally

‘In a decision handed down last week, the Supreme Court has decided that the police were entitled to retain personal data regarding a 91 year-old peace activist and a woman who got into a minor dispute with a neighbour, even though in both cases the individuals’ article 8 rights to privacy were engaged.’

RPC Privacy Law, 9th March 2015

Source: www.rpc.co.uk

High Court considers purpose behind subject access request under the DPA – Panopticon

Posted March 11th, 2015 in abuse of process, appeals, data protection, death penalty, foreign jurisdictions, investigatory powers, news, police, privacy by sally

‘It is not uncommon for data controllers to be faced with subject access requests under s. 7 of the Data Protection Act 1998 the motivations for which appear to have nothing whatever to do with the purposes of the DPA. The DPA seeks to protect individuals’ privacy rights with respect to data which is processed about them. The subject access provisions help people check up on that data and its processing (see for example YS v Minister voor Immigratie (Cases C-141/12 & C-372/12)). In practice, however, a subject access request is a fishing expedition with an eye on prospective litigation.’

Panopticon, 10th March 2015

Source: www.panopticonblog.com

Public protest, private rights – UK Human Rights Blog

Posted March 9th, 2015 in appeals, data protection, demonstrations, human rights, investigatory powers, news, police, privacy, proportionality, Supreme Court, violent disorder by sally

‘R (Catt) and R (T) v Commissioner of Police of the Metropolis [2015] UKSC 9. A majority of the Supreme Court has held that the retention by police of information on the Domestic Extremism Database about a 91 year-old activist’s presence at political protests was (1) in accordance with the law and (2) a proportionate interference with his right to a private life under Article 8(1) of the ECHR.’

UK Human Rights Blog, 6th March 2015

Source: www.ukhumanrightsblog.com

MPs ‘dismayed’ that police continue to compile database of faces – The Guardian

Posted March 9th, 2015 in criminal records, custody, data protection, inquiries, investigatory powers, news, photography, police, privacy by sally

‘A committee of MPs has condemned police for continuing to upload custody photographs, including of people never charged, to a face recognition database, despite a high court judgement that ruled the practice was unlawful.’

The Guardian, 7th March 2015

Source: www.guardian.co.uk

Brighton activist John Catt loses extremism database case – BBC News

Posted March 5th, 2015 in data protection, human rights, news, police, privacy by sally

‘Police chiefs have won a court battle against a 90-year-old peace activist fighting to have his personal details removed from an extremism database.’

BBC News, 4th March 2015

Source: www.bbc.co.uk

Disclosure and Barring Service checks: an individual’s rights – Halsbury’s Law Exchange

Posted March 3rd, 2015 in criminal records, data protection, disclosure, employment, news, vetting by sally

‘Another of my articles has considered s56 of the Data Protection Act, which makes it an offence for an employer to compel a current or prospective employee to make a data subject access request. These subject access requests can reveal an individual’s spent criminal convictions as well as other sensitive personal information, and are therefore highly invasive and potentially highly prejudicial to an individual’s employment prospects.’

Halsbury’s Law Exchange, 3rd March 2015

Source: www.halsburyslawexchange.co.uk

Ex-banker awarded £70,000 after police wrongly released his picture as ‘most-wanted’ rapist – The Independent

Posted March 3rd, 2015 in compensation, data protection, news, police, privacy by sally

‘A former City banker has won nearly £70,000 in damages from Essex Police after he was named on a “most wanted list” as a suspected rapist on the run – despite phoning the force on his own initiative and offering to fly from Dubai to explain his innocence.’

The Independent, 2nd March 2015

Source: www.independent.co.uk

Access all areas? – New Law Journal

Posted March 2nd, 2015 in bills, codes of practice, confidentiality, data protection, EC law, electronic mail, freedom of expression, intelligence services, interception, investigatory powers, legal profession, news, police, privacy, privilege, telecommunications, terrorism by sally

‘Overriding lawyer-client & confidential communications is incompatible with the rule of law, as Nicholas Griffin QC, Robert O’Sullivan QC & Gordon Nardell QC explain.’

New Law Journal, 27th February 2015

Source: www.newlawjournal.co.uk

Enforced subject access: what you need to know about section 56 of the Data Protection Act – Halsbury’s Law Exchange

Posted March 2nd, 2015 in criminal records, data protection, employment, enforcement, news by sally

‘Under Section 56 of the Data Protection Act 1998 (DPA), it will soon be a criminal offence for an employer or other third party to require a data subject to supply records obtained through a subject access request. An employer, or a supplier of goods and services, cannot therefore make employment or provision of goods and services conditional on a data subject making a subject access request and providing their records.’

Halsbury’s Law Exchange, 26th February 2015

Source: www.halsburyslawexchange.co.uk

Facing justice: judgment against Facebook in privacy/data protection case – Panopticon

Posted February 26th, 2015 in data protection, EC law, internet, news, privacy by sally

‘The extent to which privacy and data protection rights can effectively resonate within the online environment is an acutely important issue for all information law practitioners. Moreover, it is an issue which seems to be gaining ever increasing traction in the litigation context, as is illustrated not least by the following developments.’

Panopticon, 25th February 2015

Source: www.panopticonblog.com

Britain is leading the charge against basic human rights, Amnesty claims – The Independent

Posted February 25th, 2015 in data protection, EC law, freedom of expression, genocide, human rights, investigatory powers, legal aid, news, privacy, rule of law by sally

‘Increased surveillance in Britain, along with the reduction of access to justice, have contributed to one of the worst assaults on human rights in Europe since the fall of the Berlin Wall, according to a damning assessment by Amnesty International.’

The Independent, 25th February 2015

Source: www.independent.co.uk

How your phone and fitness band could end up giving evidence against you – The Guardian

Posted February 25th, 2015 in data protection, evidence, fingerprints, news, personal injuries, privacy, telecommunications, terrorism prevention & investigation measures by sally

‘A criminal suspect can’t be forced to divulge their phone passcode, a US circuit court judge ruled in October 2014. Yet law enforcement officials can compel a suspect to provide a fingerprint – which they can then use to unlock the phone and obtain data which may prove the case against them.’

The Guardian, 24th February 2015

Source: www.guardian.co.uk

In re Law Society – WLR Daily

Posted February 18th, 2015 in data protection, documents, human rights, law reports, Law Society, privacy, solicitors by sally

In re Law Society [2015] EWHC 166 (Ch); [2015] WLR (D) 60

‘The Law Society had power under paragraph 16 of Part II of Schedule 1 to the Solicitors Act 1974 to destroy old and redundant documents seized in connection with interventions.’

WLR Daily, 9th February 2015

Source: www.iclr.co.uk

The Investigatory Powers Tribunal and the rule of law – UK Human Rights Blog

Posted February 17th, 2015 in data protection, human rights, intelligence services, investigatory powers, news, privacy, rule of law, tribunals by sally

‘Despite being hailed as an ‘historic victory in the age-old battle for the right to privacy and free expression’, closer examination of a recent ruling by the Investigatory Powers Tribunal (‘IPT’) reveals it to have been a hollow victory.’

UK Human Rights Blog, 16th February 2015

Source: www.ukhumanrightsblog.com

Privacy watchdog launches ‘Did GCHQ spy on you?’ campaign to allow citizens to find out if they were under surveillance – The Independent

Posted February 17th, 2015 in data protection, human rights, intelligence services, news, privacy, tribunals by sally

‘A new campaign by human rights watchdog Privacy International could allow millions of citizens in Britain and elsewhere to have data that was collected on them deleted.’

The Independent, 16th February 2015

Source: www.independent.co.uk

Data protection laws broken 13 times by Companies House – BBC News

Posted February 16th, 2015 in data protection, freedom of information, news by sally

‘Confidential and personal details were sent to the wrong people by staff at Companies House in Cardiff, BBC Wales has learned.’

BBC News, 14th February 2015

Source: www.bbc.co.uk

‘Innocent people’ on police photos database – BBC News

Posted February 3rd, 2015 in data protection, news, police, privacy by sally

‘Police forces in England and Wales have uploaded up to 18 million “mugshots” to a facial recognition database – despite a court ruling it could be unlawful.’

BBC News, 3rd February 2015

Source: www.bbc.co.uk

Googling Orgies – Thrashing out the Liability of Search Engines – Panopticon

Posted February 2nd, 2015 in data protection, defamation, EC law, internet, media, news, photography, privacy by sally

‘Back in 2008, the late lamented News of the World published an article under the headline “F1 boss has sick Nazi orgy with 5 hookers”. It had obtained footage of an orgy involving Max Mosley and five ladies of dubious virtue, all of whom were undoubtedly (despite the News of the World having blocked out their faces) not Mrs Mosley. The breach of privacy proceedings before Eady J (Mosley v News Group Newspapers Ltd [2008] EWHC 687 (QB)) established that the ‘Nazi’ allegation was unfounded and unfair, that the footage was filmed by a camera secreted in “such clothing as [one of the prostitutes] was wearing” (at [5]), and also the more genteel fact that even S&M ‘prison-themed’ orgies stop for a tea break (at [4]), rather like a pleasant afternoon’s cricket, but with a rather different thwack of willow on leather.’

Panopticon, 30th January 2015

Source: www.panopticonblog.com

How to apply the DPA – Panopticon

Posted January 16th, 2015 in data protection, disclosure, freedom of information, necessity, news by sally

‘Section 40 of FOIA is where the Freedom of Information Act (mantra: disclose, please) intersects with the Data Protection Act 1998 (mantra: be careful how you process/disclose, please).’

Panopticon, 15th January 2015

Source: www.panopticonblog.com

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