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.”

Full story

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.”

Full story

Panopticon, 20th February 2013

Source: www.panopticonblog.com

Sale of personal gene data condemned as ‘unethical and dangerous’ – The Guardian

Posted February 18th, 2013 in data protection, insurance, medical records, news, privacy by sally

“Private firms will soon be able to buy people’s medical and genetic data without their consent and, in certain cases, acquire personal information that might enable them to identify individuals.”

Full story

The Guardian, 17th February 2013

Source: www.guardian.co.uk

Sensitivity of personal data should be determined by processing purpose and context not through categorisation, says ICO – OUT-LAW.com

Posted February 15th, 2013 in consent, data protection, EC law, news, regulations by sally

“The sensitivity of personal information should be determined by the reasons behind why the information is to be processed, the UK’s data protection watchdog has said.”

Full story

OUT-LAW.com, 14th February 2013

Source: www.out-law.com

Football Dataco Ltd and others v Sportradar GmbH and others; Same v Stan James plc and others – WLR Daily

Posted February 11th, 2013 in appeals, copyright, data protection, database right, EC law, law reports, sport by sally

Football Dataco Ltd and others v Sportradar GmbH and others; Same v Stan James plc and others [2013] EWCA Civ 27; [2013] WLR (D) 48

“Pursuant to article 7 of Parliament and Council Directive 96/9/EC on the legal protection of databases, a sui generis database right subsisted in a database consisting of information gathered live at football matches as those matches proceeded. It was not the case that there could be no article 7 right unless there was investment in collecting together materials which had already been recorded.”

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

Commission unveils plans for expanded cyber breach notification regime – OUT-LAW.com

Posted February 11th, 2013 in computer crime, consumer protection, data protection, EC law, internet, news by sally

“A range of businesses across the financial services, energy and technology sectors are among those that would be subject to new cyber security and breach notification rules under new legislative plans outlined by the European Commission.”

Full story

OUT-LAW.com, 8th February 2013

Source: www.out-law.com

Personal data: it’s all in the name – Panopticon

Posted February 7th, 2013 in data protection, freedom of information, news, tribunals by sally

“A person’s name constitutes his or her personal data – so has held the Upper Tribunal recently in Information Commissioner v Financial Services Authority & Edem [2012] UKUT 464 (AAC).”

Full story

Panopticon, 7th February 2013

Source: www.panopticonblog.com

Positive obligations to provide access to information under the European Convention on Human Rights – 11 KBW

Posted January 28th, 2013 in data protection, human rights, news by sally

“In this article, we seek to identify how, when and why the courts have developed positive obligations under the European Convention on Human Rights (‘ECHR’ or ‘the Convention’) for the State to provide access to information. We propose to identify four distinct categories of information, and argue that the courts have taken a different approach in relation to each one. We will then consider why the courts have adopted these divergent approaches.”

Full story (PDF)

11 KBW, 28th January 2013

Source: www.11kbw.com

Sony fined £250,000 over PlayStation hack – The Guardian

Posted January 24th, 2013 in computer crime, data protection, fines, news by sally

“Sony Computer Entertainment has been fined a record £250,000 by the data protection watchdog after the personal details of millions of gamers – including passwords and credit card numbers – were leaked online.”

Full story

The Guardian, 24th January 2013

Source: www.guardian.co.uk

Central London NHS Trust: key points from the Tribunal’s first MPN case – Panopticon

Posted January 21st, 2013 in appeals, data protection, hospitals, news, penalties, tribunals by sally

“Central London Community Healthcare NHS Trust v IC (EA/2012/00111) concerned the first monetary penalty notice (MPN) to be appealed to the First-Tier Tribunal. The Trust’s appeal has been dismissed by the Tribunal (Professor Angel, Rosalind Tatam and Paul Taylor).”

Full story

Panopticon, 17th January 2013

Source: www.panopticonblog.com

Information Commissioner Responds to Leveson – Panopticon

Posted January 15th, 2013 in data protection, inquiries, media, news by sally

“The Information Commissioner’s Office (‘ICO’) has published its response to the recommendations that Lord Justice Leveson made to the ICO and the Ministry of Justice (‘MoJ’) in his Inquiry Report on the Culture, Practices and Ethics of the Press. See here for the full response.”

Full story

Panopticon, 14th January 2013

Source: www.panopticonblog.com

Probe launched: Did drive to track illegal immigrants breach data laws? – The Independent

Posted January 11th, 2013 in data protection, immigration, news by tracey

“The information watchdog has launched an investigation into a drive to track down people who are in the country illegally, which was contracted out by the UK Border Agency to private company Capita.”

Full story

The Independent, 11th January 2013

Source: www.independent.co.uk

Tugendhat J allows Katie Price privacy case against Peter Andre to proceed – The Lawyer

“The High Court has refused to throw out misuse of private information claims brought by celebrity Katie Price against her ex-husband Peter Andre, ex-manager Claire Powell, and ex-friend Jamelah Asmar.”

Full story

The Lawyer, 9th January 2013

Source: www.thelawyer.com

Golden Eye (International) Ltd and others v Telefόnica UK Ltd (Open Rights Group, intervening) – WLR Daily

Golden Eye (International) Ltd and others v Telefόnica UK Ltd (Open Rights Group, intervening) [2012] EWCA Civ 1740; [2012] WLR (D) 396

“Where a court had found that arrangements entered into by copyright owners with a claimant copyright owner to sue intended defendants in its own name and on behalf of the other owners for alleged breach of copyright were not champertous and that it was proportionate to make an order for disclosure to enable the other owners to have their infringement claims brought, since their interests in enforcing their copyrights outweighed the interests of intended defendants in protecting their privacy and data protection rights, there was no justification for the court to grant relief to the claimant alone and not the other owners without identifying some factor as affecting the balance of the competing interests identified.”

WLR Daily, 21st December 2012

Source: www.iclr.co.uk

Finance and Divorce January Update – Family Law Week

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse December’s financial remedies and divorce news and cases.”

Full story

Family Law Week, 4th January 2013

Source: www.familylawweek.co.uk

From base pairs to the bedside: medical confidentiality in a changing world – UK Human Rights Blog

Posted December 14th, 2012 in confidentiality, data protection, human rights, medical records, news, privacy by tracey

“This week David Cameron announced plans to introduce whole genome mapping for cancer patients and those with rare diseases within the NHS.”

Full story

UK Human Rights Blog, 12th December 2012

www.ukhumanrightsblog.com

Redacting for anonymisation: Article 8 v Article 10 in child protection context – Panopticon

Posted December 13th, 2012 in anonymity, data protection, freedom of information, human rights, news, privacy by sally

“Panopticon has reported recently on the ICO’s new Code of Practice on Anonymisation: see Rachel Kamm’s post here. That Code offers guidance for ensuring data protection-compliant disclosure in difficult cases such as those involving apparently anonymous statistics, and situations where someone with inside knowledge (or a ‘motivated intruder’) could identify someone referred to anonymously in a disclosed document. The Upper Tribunal in Information Commissioner v Magherafelt District Council [2012] UKUT 263 AAC grappled with those issues earlier this year in the context of disclosing a summarised schedule of disciplinary action.”

Full story

Panopticon, 13th December 2012

Source: www.panopticonblog.com

Royal hoax call could be an ‘offence under UK law’ – The Guardian

Posted December 11th, 2012 in data protection, disclosure, medical records, news, telecommunications by sally

“The Australian radio DJs who made the hoax call to the hospital where the Duchess of Cambridge was being treated for acute morning sickness could have committed an offence under UK law, a leading barrister has said.”

Full story

The Guardian, 10th December 2012

Source: www.guardian.co.uk

Internet traffic data and debt collection: privacy implications – Panopticon

Posted December 6th, 2012 in data protection, EC law, internet, news, privacy by sally

“Mr Probst was a subscriber to the internet service provider (ISP) Verizon. He failed to pay his bill. A company called ‘nexnet’, the assignee of Verizon’s debt, sought to collect the sums due. In doing so, it obtained and used his internet traffic data in accordance with its ‘data protection and confidentiality agreement’ with Verizon. Disinclined to pay up, Mr Probst argued that nexnet had processed his personal data unlawfully and that the relevant terms of its agreement with Verizon purporting to sanction that processing were void. The first-instance German court agreed with him, but the appellate court did not.”

Full story

Panopticon, 5th December 2012

Source: www.panopticonblog.com

Leveson proposes changes to data protection law – OUT-LAW.com

Posted November 30th, 2012 in data protection, media, news, public interest by tracey

“A journalists’ exemption from data protection laws should only apply when stories are in the public interest and when data processing is ‘necessary for publication’, according to Lord Justice Leveson.”

Full story

OUT-LAW.com, 29th November 2012

Source: www.out-law.com