What’s in a name? – Court of Appeal gives judgment in Edem – Panopticon

Posted February 10th, 2014 in appeals, data protection, interpretation, names, news, privacy by tracey

‘Deciding whether information which arguably relates to an individual amounts to their “personal data” for the purposes of s. 1(1) of the Data Protection Act 1998 is one of the more challenging aspects of the DPA regime. In making the judgment call in any particular case, data controllers have routinely looked to the guidance set out Auld LJ’s judgment in the well known case of Durant v Financial Services Act [2003] EWCA Civ 1746, [2011] 1 Info LR 1. In his judgment, Auld LJ indicated that there were two “notions” likely to be of assistance when it came to determining whether particular data was sufficiently “personal” that if tell within the scope of the DPA.’

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Panopticon, 7th February 2014

Source: www.panopticonblog.com

High Court to consider Data Protection Act bid to halt reporting of corruption allegations – Panopticon

‘Can the Data Protection Act 1998 (“DPA”) be used to prevent a respected NGO from reporting allegations of corruption by a multi-billion dollar international mining conglomerate? That is the stark question posed by Steinmetz and others v Global Witness Limited, a recently issued High Court DPA Claim.’

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Panopticon, 10th February 2014

Source: www.panopticonblog.com

CCTV warning notices non-compliant with data protection laws, says watchdog – OUT-LAW.com

‘The Government must take action to ensure that signs used to warn motorists that CCTV cameras are being used to monitor for parking offences are compliant with UK data protection laws, a watchdog has said.’

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OUT-LAW.com, 7th February 2014

Source: www.out-law.com

Tube strikes – should the law be changed? – Halsbury’s Law Exchange

‘We asked the business lobbying group CBI, the Institute of Directors (IOD) and Trade Union lawyer Richard Arthur for their views on reform of this prickly area of law.’

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Halsbury’s Law Exchange, 7th February 2014

Source: www.halsburyslawexchange.co.uk

Vidal-Hall v Google – cookies can cause distress – Technology Law Update

‘A recent decision in the English High Court about internet cookie use has been making waves.’

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Technology Law Update, 5th February 2014

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

Vidal-Hall and others v Google Inc – WLR Daily

Vidal-Hall and others v Google Inc [2014] EWHC 13 (QB); [2014] WLR (D) 21

‘A claim for misuse of private information was a tort within the meaning of para 3.1(9) of Practice Direction 6B—Service out of the jurisdiction.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Media can refuse subject access requests if complying could jeopardise stories, says ICO – OUT-LAW.com

‘Newspapers and other media groups can refuse individuals’ requests for access to the personal data those organisations hold about them where the disclosure of that information could jeopardise future stories, the Information Commissioner’s Office (ICO) has said.’

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OUT-LAW.com, 27th January 2014

Source: www.out-law.com

New Year, new tort of misuse of private information – UK Human Rights Blog

‘A group of UK Google users called ‘Safari Users Against Google’s Secret Tracking’ have claimed that the tracking and collation of information about of their internet usage by Google amounts to misuse of personal information, and a breach of the Data Protection Act 1998. The Judge confirmed that misuse of personal information was a distinct tort. He also held that the English courts had jurisdiction to try the claims.’

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UK Human Rights Blog, 23rd January 2013

Source: www.ukhumanrightsblog.com

The EU’s Data Protection Regulation: where are we? – Panopticon

Posted January 21st, 2014 in data protection, EC law, news, regulations by sally

‘The replacement of Directive 95/26/EC – the bedrock of data protection in Europe – with a new Regulation is intended as a radical overhaul, making protections for personal data fit for the digital world. It has now been over two years since the first substantive draft of that Regulation was made public.’

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Panopticon, 20th January 2014

Source: www.panopticonblog.com

EU proposals could outlaw giant NHS database – Daily Telegraph

Posted January 21st, 2014 in data protection, EC law, health, news, privacy by sally

‘Proposed EU laws could render £50 million NHS database illegal, senior officials warn.’

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Daily Telegraph, 20th January 2014

Source: www.telegraph.co.uk

Google to face High Court case on alleged breach of UK data protection rules – OUT-LAW.com

Posted January 20th, 2014 in advertising, damages, data protection, internet, jurisdiction, news, privacy by sally

‘Google is to face a claim for damages before the High Court from three individuals who claim the company breached UK data protection laws by circumventing privacy settings deployed on their web browsers to serve them with personalised adverts.’

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OUT-LAW.com, 17th January 2014

Source: www.out-law.com

Personal data and fitness to practice investigations – Tribunal overturns ‘neither confirm nor deny’ position – Panopticon

‘When an identifiable individual has been the subject of a formal complaint about their competence or conduct, that fact constitutes their personal data. In terms of privacy/publicity decisions, such situations are often approached in this way: where the complaint is well founded or at least merits serious consideration, publication is warranted, but otherwise confidentiality is maintained, lest unjustified aspersions be cast against that person.’

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Panopticon, 17th January 2014

Source: www.panopticonblog.com

Patients will be identifiable when firms are given access to confidential NHS data, experts warn – The Independent

Posted January 20th, 2014 in consumer protection, data protection, hospitals, medical records, news, privacy by sally

‘Privacy experts have warned that commercial firms will be able to identify people when they are given access to confidential NHS patient data.’

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The Independent, 20th January 2014

Source: www.independent.co.uk

The Google/Safari users case: a potential revolution in DPA litigation? – Panopticon

‘I posted earlier on Tugendhat J’s judgment this morning in Vidal-Hall and Others v Google Inc [2014] EWHC 13 (QB). The judgment is now available here – thanks as ever to Bailii.’

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Panopticon, 16th January 2014

Source: www.panopticonblog.com

Google must face UK courts over claims of privacy breach of iPhone users – The Guardian

Posted January 17th, 2014 in data protection, internet, news, privacy, telecommunications by sally

‘Google has lost its high court bid to block a breach of privacy legal action launched against it in the UK by a group of British internet users.’

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The Guardian, 16th January 2014

Source: www.guardian.co.uk

Personal data: Tribunal analyses the ‘relates to’ and ‘identification’ limbs – Panopticon

Posted January 10th, 2014 in benefits, complaints, data protection, freedom of information, news, tribunals by tracey

‘I have commented in previous posts on how infrequently the Data Protection Act 1998 has been the subject of substantive litigation before the courts. One consequence of this is persistent uncertainty over how pivotal concepts such as “personal data” are to be analysed and approached. Last year, the High Court in Kelway v The Upper Tribunal, Northumbria Police and the Information Commissioner (2013) EWHC 2575 (Admin) considered how “personal data” issues should be approached.’

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Panopticon, 9th January 2014

Source: www.panopticonblog.com

West London Mental Health NHS Trust (Respondent) v Chhabra (Appellant) – Supreme Court

West London Mental Health NHS Trust (Respondent) v Chhabra (Appellant) [2013] UKSC 80 | UKSC 2013/0046 (YouTube)

Supreme Court, 18th December 2014

Source: www.youtube.com/user/UKSupremeCourt

ICO fines payday loans company £175,000 over spam messaging – OUT-LAW.com

Posted December 19th, 2013 in advertising, consumer credit, data protection, fines, news, telecommunications by tracey

‘A payday loans company has been fined £175,000 by the Information Commissioner’s
Office (ICO) after the watchdog found it to be in serious breach of UK privacy
laws.’

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OUT-LAW.com, 17th December 2013

Source: www.out-law.com

Proceedings brought by X – WLR Daily

Posted December 16th, 2013 in data protection, EC law, fees, fines, freedom of information, law reports by sally

Proceedings brought by X (Case C-486/12); [2013] WLR (D) 485

‘Article 12(a) of Parliament and Council Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data did not preclude the levying of fees in respect of the communication of personal data by a public authority. Pursuant to article 12(a), in order to ensure that fees levied when the right to access personal data was exercised were not excessive for the purposes of that provision, the level of those fees could not exceed the cost of communicating such data.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

World’s leading authors: state surveillance of personal data is theft – The Guardian

Posted December 10th, 2013 in data protection, interception, investigatory powers, news, theft, whistleblowers by tracey

‘More than 500 of the world’s leading authors, including five Nobel prize winners, have condemned the scale of state surveillance revealed by the whistleblower Edward Snowden and warned that spy agencies are undermining democracy and must be curbed by a new international charter.’

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The Guardian, 10th December 2013

Source: www.guardian.co.uk