OFT issues warning over personalised pricing transparency – OUT-LAW.com

“Businesses must be more transparent about the way they collect information about consumers in order to offer personalised prices for goods and services online, the Office of Fair Trading (OFT) has said.”

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OUT-LAW.com, 20th May 2013

Source: www.out-law.com

Damages under section 13 DPA: Court of Appeal’s judgment in Halliday – Panopticon

Posted May 20th, 2013 in appeals, compensation, damages, data protection, news by sally

“I blogged a while ago about the ex tempore judgment from the Court of Appeal in a potentially groundbreaking case on damages under section 13 of the DPA, namely Halliday v Creation Consumer Finance [2013] EWCA Civ 333. The point of potential importance was that ‘nominal damages’ appeared to suffice for the purposes of section 13(1), thereby opening up section 13(2). In short, the point is that claimants under the DPA cannot be compensated for distress unless they have also suffered financial harm. A ‘nominal damages’ approach to the concept of financial harm threatened to make the DPA’s compensation regime dramatically more claimant-friendly.”

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Panopticon, 17th May 2013

Source: www.panopticonblog.com

Consent should be needed for anonymised data sharing to be lawful, say campaigners – OUT-LAW.com

Posted May 15th, 2013 in consent, data protection, EC law, internet, news, privacy, telecommunications by sally

“Businesses should have to ask for individuals’ consent before sharing anonymised personal data with third parties, digital rights campaigners have said.”

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OUT-LAW.com, 15th May 2013

Source: www.out-law.com

Separate data protection law for employment relations recommended – OUT-LAW.com

Posted May 10th, 2013 in data protection, EC law, employment, news, reports by sally

“New laws should be drafted to set specific rules around data protection in employment relations, a new report has recommended.”

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OUT-LAW.com, 9th May 2013

Source: www.out-law.com

Litter Enforcers let loose in Leeds – what rights to private contractors have to request personal details and issue fines? – Zenith Chambers

Posted May 8th, 2013 in data protection, fines, litter, news, public private partnerships by sally

“Private contractors are increasingly being used by local councils in an attempt to curb offences of littering. This has provoked an uproar amongst the press with reports of local residents being issued with ‘heavy handed fines’ for the most trivial offences, rather than receiving a warning and the opportunity to pick up their litter first.”

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Zenith Chambers, 3rd May 2013

Source: www.zenithchambers.co.uk

Caldicott review: unlawful personal data processing and sharing should be reported as ‘data breach’ – OUT-LAW.com

Posted April 30th, 2013 in data protection, health, news, reports, social services by sally

“Health and social care bodies should be required to publish details of cases where they have processed or shared patients’ personal data without having a legal basis to do so, Dame Fiona Caldicott has recommended.”

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OUT-LAW.com, 29th April 2013

Source: www.out-law.com

UK security breach study should prompt retailers to consider cyber insurance, expert says – OUT-LAW.com

Posted April 24th, 2013 in data protection, insurance, internet, news by sally

“Small and medium-sized online retailers can benefit from a ‘network of experts’ at “discounted rates” by taking out cyber liability or data breach insurance policies, an expert has said.”

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OUT-LAW.com, 23rd April 2013

Source: www.out-law.com

Europol, the EU’s crime intelligence agency demands access to British police files – The Guardian

Posted April 19th, 2013 in criminal records, data protection, intelligence services, news, police by sally

“New powers will give the European Union’s criminal intelligence agency Europol
access to all information held by the police, including evidence files on
children, victims, witnesses and other people never even suspected of a crime.”

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Daily Telegraph, 18th April 2013

Source: www.guardian.co.uk

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.”

Full story

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 sally

“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 sally

“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