The Upper Tribunal’s first consideration of monetary penalty notices by Julian Milford – Panopticon

Posted November 22nd, 2013 in appeals, data protection, fines, hospitals, news, penalties, tribunals by tracey

‘Upper Tribunal has just issued judgment in Central London Community Healthcare NHS Trust v Information Commissioner [2013] UKUT 0551. This significant decision is the first time the Upper Tribunal has considered an appeal against a monetary penalty notice (“MPN”), issued by the Commissioner under section 55A Data Protection Act 1998 (“DPA”).’

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Panopticon, 21st November 2013

Source: www.panopticonblog.com

Watchdog demands GCHQ report on NSA’s UK data storage – The Guardian

‘The watchdog tasked with scrutinising the work of Britain’s intelligence agencies is to demand an urgent report from GCHQ about revelations that the phone, internet and email records of British citizens have been analysed and stored by America’s National Security Agency.’

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The Guardian, 21st November 2013

Source: www.guardian.co.uk

Private eyes convicted over ‘blagging’ personal data – BBC News

Posted November 21st, 2013 in conspiracy, data protection, news, privacy, private investigators by sally

“Two private investigators who tricked GP surgeries and utility firms into revealing people’s private details have been convicted of breaking data laws.”

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BBC News, 20th November 2013

Source: www.bbc.co.uk

New payment card data security standards finalised – OUT-LAW.com

“Retailers, banks and other companies involved in processing credit and debit card payments will be subject to a new set of data security requirements from January, the Payment Card Industry Security Standards Council (PCI SSC) has announced.”

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OUT-LAW.com, 8th November 2013

Source: www.out-law.com

Cookie-replacement tracking technology would be subject to same ‘cookie law’ rules, says ICO – OUT-LAW.com

Posted November 5th, 2013 in advertising, consent, data protection, internet, news, privacy by sally

“Businesses that track internet users’ behaviour in order to serve them with personalised content, such as adverts, using technology that will replace ‘cookies’ will still be subject to UK privacy laws, the Information Commissioner’s Office (ICO) has said.”

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OUT-LAW.com, 4th November 2013

Source: www.out-law.com

Penalties, PECR and PPI – Panopticon

Posted October 22nd, 2013 in appeals, data protection, EC law, insurance, news, penalties, telecommunications, tribunals by tracey

“Niebel v Information Commissioner is the first Tribunal decision about penalties under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (‘PECR’). Mr.Niebel successfully appealed against a penalty of £300,000.”

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Panopticon, 22nd October 2013

Source: www.panopticonblog.com

Meaning of personal data should not be derived solely from Durant case, says High Court judge – OUT-LAW.com

Posted October 22nd, 2013 in data protection, EC law, judgments, news by tracey

“UK organisations looking to understand whether information they hold constitutes ‘personal data’ must not look solely at how the term was interpreted by the Court of Appeal in 2003, a High Court judge has ruled.”

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OUT-LAW.com, 22nd October 2013

Source: www.out-law.com

Ministry fined after Cardiff prisoner details emailed to families – BBC News

Posted October 22nd, 2013 in data protection, fines, government departments, news, prisons by tracey

“The Ministry of Justice has been fined £140,000 after the details of more than 1,000 inmates at Cardiff prison were emailed to three prisoners’ families.”

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BBC News, 22nd October 2013

Source: www.bbc.co.uk

Last gasp of the super-injunction – RPC Privacy Law

Posted October 21st, 2013 in data protection, human rights, injunctions, news, privacy, statistics by sally

“Super-injunctions are almost an extinct species. ‘Non-super’ privacy injunctions however remain alive and kicking with according to recent figures a 100% success rate on interim applications.”

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RPC Privacy Law, 21st October 2013

Source: www.rpc.co.uk

New cookies guidance highlights intra-EU differences on data protection definitions, says expert – OUT-LAW.com

Posted October 21st, 2013 in advertising, consent, data protection, EC law, internet, interpretation, news, privacy by sally

“New guidance issued by an EU privacy advisory body on ‘cookies’ highlights a continuing lack of harmonisation on definitions central to European data protection laws, which are interpreted differently across different EU countries, an expert has said.”

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OUT-LAW.com, 17th October 2013

Source: www.out-law.com

Jail sentence penalties for data breaches will be consulted on despite Government’s scepticism – OUT-LAW.com

“The Government has reiterated its commitment to consult on introducing custodial sentences as a possible penalty for individuals who breach UK data protection laws.”

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OUT-LAW.com, 11th October 2013

Source: www.out-law.com

Ministry of Defence holds 66,000 files in breach of 30-year rule – The Guardian

“The Ministry of Defence is unlawfully holding thousands of files that should have been declassified and transferred to the National Archive under the 30-year rule, including large numbers of documents about the conflict in Northern Ireland.”

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The Guardian, 6th October 2013

Source: www.guardian.co.uk

Notification of PECR security breaches – Information Commissioner’s Office

Posted September 27th, 2013 in advertising, data protection, EC law, electronic mail, privacy, reports by tracey

“Privacy and Electronic Communications Regulations – guide”

Full guide

Information Commissioner’s Office, 26th September 2013

Source: www.ico.org.uk

ISPs data protection fears about database of suspected online copyright infringers unfounded – OUT-LAW.com

Posted September 20th, 2013 in copyright, data protection, internet, news, privacy by sally

“OPINION: ISPs are wrong to suggest that data protection laws prevent rights holders creating a database of suspected online copyright infringers. Any concerns ISPs have about invasion of customers’ privacy can be overcome by the use of safeguards.”

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OUT-LAW.com, 20th September 2013

Source: www.out-law.com

Sharing data between public bodies. What are the barriers? – Law Commission

Posted September 17th, 2013 in consultations, data protection, Law Commission, news by sally

“Public bodies often report that they are not always able to share the data they need to and, as a result, miss out on opportunities to provide better services to citizens. At the same time, there is a need to ensure that the security of data and privacy of individuals are not put at risk. In a consultation opening today, the Law Commission asks what are the obstacles to sharing data between public bodies, and are those obstacles desirable?”

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Law Commission, 16th September 2013

Source: www.lawcommission.justice.gov.uk

Council wins appeal over job titles of attendees at law firm meeting – Local Government Lawyer

Posted September 16th, 2013 in appeals, contracting out, data protection, disclosure, local government, news, privacy by tracey

“A council has won an appeal over whether it was required – following an FOI request – to disclose the job titles of junior officers attending a meeting at a law firm to discuss a major outsourcing project.”

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Local Government Lawyer, 13th September 2013

Source: www.localgovernmentlawyer.co.uk

Mortgage companies’ additional data reporting must serve a valid purpose and be limited to a necessary volume, says ICO – OUT-LAW.com

Posted September 10th, 2013 in data protection, mortgages, news, privacy by tracey

“The Financial Conduct Authority (FCA) should review the necessity of asking mortgage providers to provide it with additional personal information about customers in order to ensure those individuals’ privacy rights are respected, a data protection watchdog has said.”

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OUT-LAW.com, 9th September 2013

Source: www.out-law.com

Information Commissioners against publication of names on convicted data blaggers’ list – OUT-LAW.com

Posted September 10th, 2013 in crime, data protection, disclosure, news, private investigators, select committees by tracey

“The UK’s data protection watchdog has urged the Home Affairs Select Committee
not to follow through on its promise to publish the names of companies and
individuals that allegedly hired private investigators convicted of data
‘blagging’ offences.”

Full story

OUT-LAW.com, 9th September 2013

Source: www.out-law.com

ICO warns councils over home working by social services employees – Local Government Lawyer

“A city council has been fined £100,000 by the Information Commissioner’s Office after information on social services involvement with a number of individuals was published online.”

Full story

Local Government Lawyer, 30th August 2013

Source: www.localgovernmentlawyer.co.uk

Liquidators are not data controllers under the Data Protection Act 1998 – Technology Law Update

Posted September 2nd, 2013 in bankruptcy, data protection, liquidators, loans, mortgages, news by sally

“The High Court has found that liquidators under a voluntary liquidation are not data controllers for the purposes of the Data Protection Act 1998 (“DPA” or “Act”) and so are not personally responsible for compliance with the Act.”

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Technology Law Update, 2nd September 2013

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