data protection – Page 48 – Current Awareness

Privacy, Protests and Policing – Panopticon

Posted March 20th, 2013 in data protection, demonstrations, human rights, investigatory powers, judicial review, news, police by sally

“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).”

Full story

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 sally

“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 sally

“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.”

Full story

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 sally

“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.”

Full story

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

Posted March 14th, 2013 in data protection, demonstrations, human rights, investigatory powers, news, police by sally

“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.”

Full story

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

Posted February 22nd, 2013 in codes of practice, consultations, data protection, freedom of expression, media, news, ombudsmen, privacy, public interest by sally

“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

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 sally

“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

Posted January 9th, 2013 in abuse of process, data protection, misuse of private information, news, privacy by sally

“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

Posted January 7th, 2013 in appeals, champerty, copyright, data protection, disclosure, internet, law reports, pornography, privacy by sally

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