Section 7(9) DPA is about privacy, not employment disputes – Panopticon

Posted August 22nd, 2012 in data protection, disclosure, electronic mail, employment, news, privacy by sally

“Disputes about subject access requests under section 7 of the Data Protection Act 1998 only rarely make their way to the Higher Courts. The leading – and often bedevilling – case of Durant is, for example, now 9 years old. Given this scarcity of precedent from the High Court and Court of Appeal, up-to-date illustrations of the judiciary’s approach to the DPA are most usefully sought in County Court judgments – see for example Panopticon’s post on the case of Elliot v Lloyds TSB Bank from earlier this year.”

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Panopticon, 22nd August 2012

Source: www.panopticonblog.com

Recent Developments in Information Law – 11 KBW

Posted August 21st, 2012 in data protection, EC law, freedom of information, news by sally

“This paper looks at various recent developments in information law, as follows:
• Post-legislative scrutiny of the Freedom of Information Act;
• Handling problem FOI requesters;
• The Protection of Freedoms Act;
• EU proposals for data protection reform; and
• Other recent developments in data protection.”

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11 KBW, 17th August 2012

Source: www.11kbw.com

The Data Protection Act in defamation cases: increasingly relevant, potentially primary? – Panopticon

Posted August 21st, 2012 in data protection, defamation, news, prosecutions by sally

“The Data Protection Act 1998 is increasingly being deployed as part of a claimant’s arsenal in defamation claims. The Information Commissioner has historically resisted policing DPA breaches in the context of allegedly defamatory expressions of opinion by one person about another.”

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Panopticon, 20th August 2012

Source: www.panopticonblog.com

Fact’s victory over Surfthechannel is a decisive blow in the copyright wars – The Guardian

“The link-sharing website’s demise at the hands of the content industry’s pitbull has set more than one precedent.”

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The Guardian, 19th August 2012

Source: www.guardian.co.uk

Twitter and the law: 10 legal risks in tweeting from or to the UK – OUT-LAW.com

Posted August 9th, 2012 in data protection, defamation, harassment, internet, news, privacy by sally

“Debates in parliament, home visits from the police and distressed celebrities all seem a little unclear as to what is and what is not acceptable by law on Twitter. The list of those offending and those offended keeps growing with recent high profile reports referring to Louise Mensch, Tom Daley, Guy Adams, Steve Dorkland, Helen Skelton and Kevin Pietersen. This guide discusses 10 legal risks which apply, or potentially apply, to Twitter, in the context of recent media attention given to the lawfulness of tweets.”

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OUT-LAW.com, 9th August 2012

Source: www.out-law.com

Health trust fined over data breach – The Independent

Posted August 6th, 2012 in data protection, fines, internet, news, privacy by sally

“A health body has been handed a six-figure penalty after publishing sensitive personal details of more than 1,000 NHS staff on the internet.”

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The Independent, 6th August 2012

Source: www.independent.co.uk

Security services to get more access to monitor emails and social media – The Guardian

“Britain has quietly agreed to measures that could increase the ability of the security services to intercept online communications, experts say.”

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The Guardian, 28th July 2012

Source: www.guardian.co.uk

Higher fines should be issuable against bodies that tamper with FOI data, says Commons committee – OUT-LAW.com

Posted July 26th, 2012 in data protection, fines, freedom of information, news, select committees by sally

“Public bodies should face higher fines for destroying or altering information that is ‘disclosable’ under freedom of information (FOI) laws, a committee of MPs has recommended.”

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OUT-LAW.com, 26th July 2012

Source: www.out-law.com

ICO reminds firms of requirement to gain clearance for personal data processing – OUT-LAW.com

Posted July 25th, 2012 in data protection, news by tracey

“The UK’s data protection watchdog is reminding firms that they must notify it and be registered in order to process personal data.”

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OUT-LAW.com, 24th July 2012

Source: www.out-law.com

David Cameron criticised for attacks on Freedom of Information Act – The Guardian

“The information commissioner has accused David Cameron and other members of the political establishment of launching a damaging attack on the Freedom of Information Act which he says is encouraging civil servants to obscure the government from proper scrutiny.”

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The Guardian, 16th July 2012

Source: www.guardian.co.uk

Inaccurate records costs NHS body £60,000 for sensitive data breach – OUT-LAW.com

Posted July 13th, 2012 in data protection, fines, hospitals, medical records, news by sally

“A health body has been fined £60,000 after two letters containing ‘confidential and highly sensitive personal data’ about a ‘vulnerable individual’ were sent to the wrong address.”

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OUT-LAW.com, 13th July 2012

Source: www.out-law.com

Private investigators should be licensed, say MPs – BBC News

“All private investigators in England and Wales should be licensed or at least registered, a committee of MPs has recommended.”

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BBC News, 6th July 2012

Source: www.bbc.co.uk

Credit firm fined £150k after losing personal data of half a million customers – OUT-LAW.com

Posted July 6th, 2012 in consumer credit, data protection, fines, news by tracey

“A consumer lending firm has been fined £150,000 by the Information Commissioner’s Office (ICO) after it lost personal data belonging to more than half a million customers.”

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OUT-LAW.com, 5th July 2012

Source: www.out-law.com

Joint Committee on the Draft Communications Data Bill call for evidence – Joint Committee on the Draft Communications Data Bill

“The Joint Committee is a committee of both Houses appointed to conduct pre-legislative scrutiny of the draft Communications Data Bill. Inquiry Status: The Committee has issued a Call for Evidence, which asks for submissions by 23 August 2012.”

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Joint Committee on the Draft Communications Data Bill, 5th July 2012

Source: www.parliament.uk

Foreign powers will be allowed to access email and phone records – Daily Telegraph

“Foreign governments could be given details of Britons’ phone calls, emails and internet usage in another ‘deeply troubling’ part of new surveillance plans.”

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Daily Telegraph, 4th July 2012

Source: www.telegraph.co.uk

More data should be released, but only with extra anonymity checks, says Government – OUT-LAW.com

Posted July 2nd, 2012 in anonymity, data protection, disclosure, news, privacy by sally

“Government departments must conduct tests to make sure that blocks of data they release do not result in the identification of individuals when combined with blocks of other released data.”

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OUT-LAW.com, 2nd July 2012

Source: www.out-law.com

Energy smart meters are a threat to privacy, says watchdog – The Guardian

Posted July 2nd, 2012 in data protection, energy, news, ombudsmen, privacy by sally

“Hi-tech monitors that track households’ energy consumption threaten to become a major privacy issue, according to the European watchdog in charge of protecting personal data.”

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The Guardian, 1st July 2012

Source: www.guardian.co.uk

Police retention of photographs unlawful, High Court rules – UK Human Rights Blog

Posted June 27th, 2012 in data protection, human rights, news, photography, police, privacy by sally

“Liberal societies tend to view the retention of citizens’ private information by an arm of the state, without individuals’ consent, with suspicion. Last week, the High Court ruled that the automatic retention of photographs taken on arrest – even where the there is no prosecution, or the person is acquitted – for at least six years was an unlawful interference with the right to respect for private life of Article 8 of the ECHR, as enshrined in the Human Rights Act.”

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UK Human Rights Blog, 27th June 2012

Source: www.ukhumanrightsblog.com

Publishing names of individuals in breach of proposed new financial services laws may break data protection laws, EU watchdog says – OUT-LAW.com

Posted June 21st, 2012 in data protection, EC law, financial regulation, news by sally

“Financial services regulators may breach data protection laws if they are forced to publish the details of individuals who breach proposed new EU rules affecting credit institutions, a privacy watchdog has said.”

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OUT-LAW.com, 21st June 2012

Source: www.out-law.com

Census faces high court challenge over right to privacy – The Guardian

Posted June 21st, 2012 in census, data protection, disclosure, news, privacy, third parties by sally

“A high court judge will be told on Thursday that the 2011 census was unlawful because a provision in the act that governs it allows data to be passed to third parties.”

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The Guardian, 21st June 2012

Source: www.guardian.co.uk