data protection – Page 47 – Current Awareness

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.”

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.”

OUT-LAW.com, 29th November 2012

Source: www.out-law.com

ICO serves first fines for unlawful spam text messages by marketing firm – OUT-LAW.com

Posted November 30th, 2012 in data protection, fines, news, privacy, telecommunications by tracey

“The Information Commissioner’s Office (ICO) has fined two owners of a marketing firm a total of £440,000 after it said the company had sent out ‘millions of unlawful spam texts’ in the last three years.”

OUT-LAW.com, 30th November 2012

Source: www.out-law.com

Update on Freedom of Information – 11 KBW

Posted November 27th, 2012 in data protection, electronic mail, freedom of information, human rights, news, public interest by sally

“This paper focuses on developments in the case law concerning freedom of information over roughly the last 12 months. The number of cases concerning freedom of information being decided has continued to grow at an exponential rate (in part due to successful efforts by the Information Commissioner (‘the IC’) to get on top of the case backlog faced by his office). The Information Rights Tribunal (‘the Tribunal’) website contains the outcomes of over 220 appeals since the beginning of 2012 alone – and the vast majority of these are substantive decisions. There have also been seven Upper Tribunal (‘UT’) decisions, and one decision each from the Court of Appeal and the Supreme Court.”

Full story (PDF)

11 KBW, 20th November 2012

Source: www.11kbw.com

The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) – WLR Daily

Posted November 26th, 2012 in advertising, appeals, data protection, disclosure, internet, law reports, privacy, proportionality, public interest, sport by sally

The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) [2012] UKSC 55; [2012] WLR (D) 342

“When exercising its discretion as to whether to grant an order for the disclosure of information, which included the disclosure of personal data about identifiable individuals, the court was not confined to weighing the impact of the disclosure on the individuals concerned against the value to the claimant of obtaining the information, but was entitled have regard to other relevant factors including the strong public interest in allowing a claimant to vindicate his legal rights and whether the making of the order would deter similar wrongdoing in the future.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

New anonymisation code sets out how to manage privacy risks and maintain transparency – Information Commissioner’s Office

Posted November 23rd, 2012 in anonymity, codes of practice, data protection, privacy by tracey

“The Information Commissioner’s Office (ICO) has today published its data protection code of practice on managing the risks related to anonymisation. The code explains how to protect the privacy rights of individuals while providing rich sources of data.”

Information Commissioner’s Office, 20th November 2012

Source: www.ico.gov.uk

RFU plans tough sanctions against ticket resellers after Supreme Court dismisses privacy concerns around disclosure – OUT-LAW.com

Posted November 23rd, 2012 in data protection, electronic commerce, internet, news, privacy, proportionality, sport by tracey

“A website operator must disclose the names and addresses of people who used the site to trade rugby tickets after the Supreme Court said that doing so would not be a disproportionate infringement of those individuals’ privacy rights.”

OUT-LAW.com, 22nd November 2012

Source: www.out-law.com

Government threatens to legislate if voluntary consumer data access standards are not adhered to by mobile, energy and financial services firms – OUT-LAW.com

Posted November 21st, 2012 in consumer protection, data protection, disclosure, energy, financial regulation, freedom of information, news, privacy, telecommunications by sally

“Financial services, mobile telecoms and energy companies will be compelled by law to provide consumers with data they hold about their transactions or consumption in an ‘electronic, machine readable’ format, upon request, if they do not do so voluntarily, the Government has said.”

OUT-LAW.com, 20th November 2012

Source: www.out-law.com

Retention and disclosure of police caution data infringe Article 8 – Panopticon

Posted November 15th, 2012 in cautions, criminal records, data protection, disclosure, human rights, news, Northern Ireland, vetting by sally

“The European Court of Human Rights yesterday handed down a Chamber judgment in M.M. v United Kingdom (Application no. 24029/07) declaring that the arrangements for the indefinite retention of data relating to a person’s caution in a criminal matter and for the disclosure of such data in criminal record checks infringe Article 8 of the ECHR. Although the Court recognised that there might be a need for a comprehensive record of data relating to criminal matters, the indiscriminate and open-ended collection of criminal record data was unlikely to comply with Article 8 in the absence of clear and detailed statutory regulations clarifying the safeguards applicable and governing the use and disposal of such data, particularly bearing in mind the amount and sensitivity of the data.”

Panopticon, 14th November 2012

Source: www.panopticonblog.com

UK continues to oppose new single EU data protection law regime – OUT-LAW.com

Posted November 14th, 2012 in data protection, EC law, jurisdiction, news by sally

“The UK, together with a number of other EU member states, is still opposed to the creation of a new singularly applicable data protection regime across the trading bloc, according to a new report.”

OUT-LAW.com, 13th November 2012

Source: www.out-law.com

Update on recent Tribunal decisions part 3: personal data of public officials and relating to court proceedings – Panopticon

Posted November 14th, 2012 in data protection, freedom of information, news, privacy, tribunals by sally

“I posted a few days ago about some recent decisions of the First-Tier Tribunal on requests under FOIA and the EIR for personal data. There have been a number of decisions on this issue of late. The following are of note, as they illustrate the types of issues very frequently encountered by public authorities. They also illustrate the nuanced and forensic approach taken by some Tribunals. There may not be a presumption in favour of disclosing personal data, but public authorities should beware assuming that Tribunals will be equally cautious about disclosing all types of personal data.”

Panopticon, 13th November 2012

Source: www.panopticonblog.com

Police launch mugshots database to catch criminals who move around the country – The Independent

Posted November 12th, 2012 in data protection, facial mapping, news, photography, police, recidivists by sally

“Detectives say face-matching technology is a ‘game changer’, but doubts remain on what data should be held.”

The Independent, 12th November 2012

Source: www.independent.co.uk

Update on recent Tribunal decisions part 2: personal data of “low inherent sensitivity” – Panopticon

Posted November 9th, 2012 in data protection, disclosure, freedom of information, news, tribunals by tracey

“The ‘personal data’ provisions under s. 40(2) FOIA and regulation 13 EIR can often be very difficult to apply, particularly in light of the Durant ‘notions of assistance’, namely biographical significance and focus. It is correspondingly difficult to predict how such arguments will fare before the Tribunal. Two recent cases offer good illustrations. Both saw the Tribunal order disclosure of property-related personal data which was deemed to be of ‘low inherent sensitivity.’ ”

Panopticon, 8th November 2012

Source: www.panopticonblog.com

Data protection laws breached by Government over public consultation security flaw, says ICO – OUT-LAW.com

Posted October 22nd, 2012 in consultations, data protection, government departments, news, ombudsmen, penalties, privacy by sally

“The Department for Education (DfE) was guilty of a breach of UK data protection laws when a ‘temporary security flaw’ meant that personal information belonging to respondents to one of its consultations were ‘compromised’, the UK’s data protection watchdog has said.”

OUT-LAW.com, 19th October 2012

Source: www.out-law.com

Draft Communications Bill: Powers may uncover ‘wrong targets’ – BBC News

Posted October 17th, 2012 in bills, data protection, intelligence services, interception, internet, news, police, privacy, telecommunications, terrorism by tracey

“Plans to monitor all Britons’ online activity risk uncovering ‘incompetent criminals and accidental anarchists’ rather than serious offenders, the information commissioner has warned.”

BBC News, 16th October 2012

Source: www.bbc.co.uk

Police force fined £120,000 after theft of unencrypted memory stick – The Guardian

Posted October 16th, 2012 in data protection, fines, news, police by tracey

“A police force has been fined £120,000 following the theft of a memory stick containing names of members of the public who gave statements in drug investigations.”

The Guardian, 16th October 2012

Source: www.guardian.co.uk

Cloud computing – new ICO guidance – Panopticon

Posted October 1st, 2012 in data protection, internet, jurisdiction, news, privacy by sally

“Cloud computing is becoming an ever more pervasive feature of the technological world. Whether one is dabbling in social networking or purchasing goods online, the truth is that we all, to a greater or lesser extent, now have our heads in the virtual clouds. However, the use of cloud computing inevitably raises important information law issues, particularly in terms of the impact on privacy rights and also under the Data Protection Act 1998.”

Panopticon, 27th September 2012

Source: www.panopticonblog.com

CPS admits to ‘inadvertent’ disclosure of tuition fee protestors’ data – OUT-LAW.com

Posted October 1st, 2012 in Crown Prosecution Service, data protection, demonstrations, freedom of information, news, privacy by sally

“The Crown Prosecution Service (CPS) has apologised to hundreds of people after it ‘inadvertently disclosed’ their names, dates of birth and other personal data in a document as part of its response to a freedom of information (FOI) request.”

OUT-LAW.com, 28th September 2012

Source: www.out-law.com

Cloud on the horizon for data-handling outsourcing – Information Commissioner’s Office

Posted September 28th, 2012 in data protection, internet, press releases by tracey

“The Information Commissioner’s Office (ICO) has published guidelines to businesses today to underline that companies remain responsible for how personal data is looked after, even if they pass it to cloud network providers.”

Full press release

Information Commissioner’s Office, 27th September 2012

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