FSA was right to refuse FOI request, rules watchdog – OUT-LAW.com

Posted April 17th, 2013 in appeals, data protection, disclosure, freedom of information, news by sally

“The former City regulator, the Financial Services Authority, was right not to disclose information it held about a company it had investigated based on freedom of information (FOI) legislation carve outs, the Information Commissioner has ruled.”

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OUT-LAW.com, 16th April 2013

Source: www.out-law.com

Data protection law is in danger of lagging behind technological change – The Guardian

Posted April 12th, 2013 in anonymity, data protection, news, privacy by sally

“Data processing practices are evolving faster than the law can adapt to them, according to a senior British lawyer at an international law firm specialising in data protection.”

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The Guardian, 12th April 2013

Source: www.guardian.co.uk

Individuals’ consent ‘almost always’ required by firms when using personal data in big data projects centred on profiling, says watchdog – OUT-LAW.com

Posted April 10th, 2013 in consent, data protection, EC law, news, privacy by sally

“Organisations ‘almost always’ require individuals’ ‘free, specific, informed and unambiguous ‘opt-in’ consent’ in order to make use of personal data they have previously collected in ‘big data’ projects that involve analysing or predicting the ‘personal preferences, behaviour and attitudes of individual customers’, an EU privacy watchdog has said.”

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OUT-LAW.com, 9th April 2013

Source: www.out-law.com

Britain seeks opt-out of new European social media privacy laws – The Guardian

Posted April 5th, 2013 in data protection, EC law, internet, news, privacy, regulations by sally

“‘Right to be forgotten’ laws, giving users – rather than services such as Facebook – control of personal data will save billions of euros and thickets of red tape. So why is Britain resisting?”

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The Guardian, 4th April 2013

Source: www.guardian.co.uk

Doctors inform ICO of concerns over new medical data sharing scheme – OUT-LAW.com

Posted April 4th, 2013 in anonymity, data protection, doctors, health, medical records, news by sally

“The UK’s data protection watchdog has highlighted concerns it has with a new information-sharing initiative that has begun operating in the health sector in England.”

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OUT-LAW.com, 3rd April 2013

Source: www.out-law.com

Google facing legal threat from six European countries over privacy – The Guardian

Posted April 3rd, 2013 in data protection, EC law, internet, news, privacy by sally

“Google could face fines from six European countries’ privacy regulators, including the UK and Germany, after refusing to reverse changes to its privacy policies made in March 2012.”

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The Guardian, 2nd April 2013

Source: www.guardian.co.uk

You wait ages for an official report about the ICO’s data protection audit powers – Panopticon

Posted April 2nd, 2013 in consultations, data protection, health, hospitals, news, reports by sally

“On 21st March 2013 the House of Commons Justice Committee published a report about the ICO, recommending, among other matters, that the ICO should be given the power to carry out compulsory data protection audits of NHS Trusts and local authorities. With uncanny speed, on 25th March 2013 the Ministry of Justice (MOJ) published a consultation document on the proposed extension of the ICO’s compulsory audit powers to cover NHS bodies. Despite the coincidence of timing, the MOJ’s proposal is not in fact a response to the Justice Committee’s report, but is prompted by a recommendation from the ICO itself.”

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Panopticon, 28th March 2013

Source: www.panopticonblog.com

Plans to give ICO power to conduct compulsory data protection audits in NHS unveiled – OUT-LAW.com

Posted March 27th, 2013 in auditors, data protection, hospitals, medical records, news by tracey

“Public health bodies in the UK could be compelled to open themselves up to a
data protection audit by the Information Commissioner’s Office (ICO) under new
plans outlined by the Government.”

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OUT-LAW.com, 26th March 2013

Source: www.out-law.com

Individuals ‘have no right’ to stop name being used online – Daily Telegraph

Posted March 27th, 2013 in child support, data protection, freedom of expression, internet, news by tracey

“Ordinary people have no right to stop their names being used in web addresses
because they are not famous enough, according to regulators.”

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Daily Telegraph, 27th March 2013

Source: www.telegraph.co.uk

Assessment Notices under the Data Protection Act 1998 – Extension of the Information Commissioner’s Powers – Ministry of Justice

Posted March 26th, 2013 in consultations, data protection, health, hospitals, news by sally

“This consultation paper sets out our proposal to extend the powers of the Information Commissioner to carry out compulsory assessments of NHS bodies’ compliance with the Data Protection Act 1998 and its data protection principles. It seeks views from NHS data controllers across the United Kingdom. The proposals are informed by the Information Commissioner’s experience working with NHS bodies to improve their compliance with data protection law.”

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Ministry of Justice, 25th March 2013

Source: www.justice.gov.uk

Cold-calling prosecutions planned – Law Society’s Gazette

The Information Commissioner’s Office (ICO) is ready to prosecute up to a dozen more companies who carry out cold-calling and send spam text messages.

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Law Society’s Gazette, 22nd March 2013

Source: www.lawgazette.co.uk

The Justice Committee and the Information Commissioner – Panopticon

Posted March 26th, 2013 in data protection, freedom of information, news, reports, select committees by sally

“On 21st March 2013 the House of Commons Justice Committee published a report (HC 962) on the functions, powers and resources of the Information Commissioner. It is essential reading for anyone interested in understanding the current role and future prospects of the Information Commissioner’s Office (ICO).”

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Panopticon, 25th March 2013

Source: www.panopticonblog.com

Privacy, Protests and Policing – Panopticon

“In Catt v ACPO and others; T v Commissioner of Police of the Metropolis and another [2013] EWCA Civ 192, the Court of Appeal considered two appeals regarding the powers of the police to collect and retain personal information about members of the public. Both cases turned on the application of Article 8 of the Convention; in both, the Court held that there had been an interference with the Article 8(1) right to respect for private life, and that the interference was not justified under Article 8(2).”

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Panopticon, 20th March 2013

Source: www.panopticonblog.com

MPs warn of £42.8m data protection shortfall – BBC News

Posted March 20th, 2013 in budgets, data protection, EC law, news by tracey

“England’s Information Commissioner’s Office could be facing a £42.8m shortfall
that may have to be paid for by the taxpayer, MPs has warned.”

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BBC News, 20th March 2013

Source: www.bbc.co.uk

Court of Appeal rules on damages for frustration at DPA breach – Panopticon

Posted March 19th, 2013 in appeals, damages, data protection, news by tracey

“On a day in which the remedying of privacy breaches of the kind considered by Leveson LJ dominated parliamentary debate, the Court of Appeal (Arden LJ, Lloyd LJ and Ryder J) delivered an interesting judgment on remedies for privacy breaches of the data protection variety.”

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Panopticon, 18th March 2013

Source: www.panopticonblog.com

Privacy and data protection developments in 2013: Google, Facebook, Leveson and more – Panopticon

Posted March 15th, 2013 in data protection, EC law, enforcement, internet, news, penalties, privacy, regulations, reports by tracey

“Data protection law was designed to be a fundamental and concrete dimension of the individual’s right to privacy, the primary safeguard against misuse of personal information. Given those ambitions, it is surprisingly rarely litigated in the UK. It also attracts criticism as imposing burdensome bureaucracy but delivering little in the way of tangible protection in a digital age. Arguably then, data protection law has tended to punch below its weight. There are a number of reasons for this.”

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Panopticon, 11th March 2013

Source: www.panopticonblog.com

‘Police surveillance of this kind undermines our democracy’: Judges rule that action against peaceful protester John Catt was unlawful – The Independent

“Police face having to rethink their whole strategy for public demonstrations after judges ruled today that the surveillance they placed a peaceful protester under was unlawful.”

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The Independent, 14th March 2013

Source: www.independent.co.uk

Cyber security – articulating the details – OUT-LAW.com

Posted February 26th, 2013 in banking, computer crime, data protection, EC law, financial regulation, news by sally

“Businesses and governments are continuing to wrestle with the question of what can and cannot be considered ‘adequate’ IT security in compliance with regulations including data protection laws.”

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OUT-LAW.com, 25th February 2013

Source: www.out-law.com

ICO to publish code of practice for the press on personal data processing – OUT-LAW.com

“The UK’s data protection watchdog has outlined its intention to set new guidelines for journalists on the processing of personal data for the purposes of journalism.”

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OUT-LAW.com, 21st February 2013

Source: www.out-law.com

Court of Appeal gives judgment on credit reference agencies and accuracy of personal data – Panopticon

Posted February 21st, 2013 in appeals, consumer credit, data protection, defamation, loans, news by sally

“The fourth data protection principle requires that ‘personal data shall be accurate and, where necessary, kept up to date’. It does not, however ‘impose an absolute and unqualified obligation on [data controllers] to ensure the entire accuracy of the data they maintain. Questions of reasonableness arise in the application of the fourth principle, as paragraph 7 of Part II of Schedule I spells out.’ This statement by Davis LJ (at para. 80) encapsulates the case of Smeaton v Equifax plc [2013] EWCA Civ 108, in which the Court of Appeal handed down judgment today.”

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Panopticon, 20th February 2013

Source: www.panopticonblog.com