Regulating content on user-to user and search service providers – UK Human Rights Blog

‘The dust has settled since the government released its draft Online Safety Bill. Now is therefore a good time to evaluate its aims, methods, and potential impacts, which we will do so in this two-part post. The first post will have a look at the overall architecture of the bill, discussing what it is trying to do and how it is trying to do it. The second post will survey responses to the bill from academics and civil society campaigners, discussing whether the bill does too much or not enough.’

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UK Human Rights Blog, 2nd August 2021

Source: ukhumanrightsblog.com

Important new High Court judgment on data breach litigation – Panopticon

Posted August 2nd, 2021 in chambers articles, data protection, negligence, news, privacy, striking out by sally

‘The High Court (Saini J) has today handed down judgment in Warren v DSG Retail Ltd [2021] EWHC 2168 (QB) (available here: Warren v DSG judgment). It is pithy and important stuff for data protection litigation, especially as regards accidental data breaches and the recoverability of ATE premiums.’

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Panopticon, 30th July 2021

Source: panopticonblog.com

How The Pegasus Project Affects Everyone’s Digital Privacy – Each Other

‘The Pegasus Project is an international collaborative reporting project led by the French nonprofit organisations Forbidden Stories and Amnesty International, in conjunction with 16 media outlets worldwide, including The Guardian. Journalists worked to uncover the extent to which governments infringed upon the privacy rights of individuals by surveilling their digital devices for years.’

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Each Other, 22nd July 2021

Source: eachother.org.uk

Pandemic Sees Huge Rise In Reports Of Stalking – Each Other

‘Stalking offences in England and Wales have seen a “significant increase” during the pandemic, according to police.’

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Each Other, 15th July 2021

Source: eachother.org.uk

Rape victims still face police phone trawl, says commissioner – BBC News

‘Proposals for England and Wales mean people who claim to have been raped will still face pressure to hand over their phones to police and prosecutors, says the victims’ commissioner.’

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BBC News, 17th July 2021

Source: www.bbc.co.uk

All about images: privacy, visuocentrism, and the Hancock affair – City Law Forum

‘On Friday 25 June 2021, British tabloid The Sun published pictures of the UK Health Secretary, Matt Hancock, kissing Gina Coladangelo in his office at the Department of Health. These pictures were, it seems, captured by a CCTV camera in the office and leaked by person(s) unknown to the newspaper. The pictures were soon joined on The Sun’s website by a video clip (seemingly from the same camera). The clip shows Hancock and Coladangelo in what might be described as a passionate embrace. The footage lasts just over one minute and remains online, including on The Sun’s Youtube channel.’

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City Law Forum, 30th June 2021

Source: blogs.city.ac.uk

Investigation of organisations using live facial recognition technology in public spaces found none compliant with data protection law: ICO – Local Government Lawyer

Posted June 18th, 2021 in data protection, facial mapping, local government, news, ombudsmen, privacy by tracey

‘An investigation by the Information Commissioner’s Office (ICO) published today (17 June) found that out of a group of organisations using live facial recognition (LFR) technology in public spaces, none were fully compliant with data protection law requirements.’

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Local Government Lawyer, 18th June 2021

Source: www.localgovernmentlawyer.co.uk

Labour asks NHS and Matt Hancock to pause plans for sharing patient data – The Guardian

‘Labour has urged the NHS and Matt Hancock to pause their plan to share medical records from GPs to allow time for greater consultation on how the idea would work, saying that maintaining patients’ trust must be paramount.’

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The Guardian, 6th June 2021

Source: www.theguardian.com

GCHQ’s mass data interception violated right to privacy, court rules – The Guardian

‘The UK spy agency GCHQ’s methods for bulk interception of online communications violated the right to privacy and the regime for collection of data was unlawful, the grand chamber of the European court of human rights has ruled.’

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The Guardian, 25th May 2021

Source: www.theguardian.com

Retention of data on alleged rapist lawful despite acquittal in criminal proceedings – UK Human Rights Blog

‘YZ, R (on the application of) v Chief Constable of South Wales Police (Rev 1) [2021] EWHC 1060 (30 April 2021). The claimant YZ had been acquitted on three counts raping his former wife but details concerning these matters remain on the Police National Computer (PNC). These proceedings concerned whether such retention was lawful.’

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UK Human Rights Blog, 21st May 2021

Source: ukhumanrightsblog.com

Employee Monitoring as a Form of Imprisonment – Jeevan Hariharan and Hadassa Noorda – UK Labour Law

Posted May 21st, 2021 in employment, human rights, imprisonment, news, privacy, spying by tracey

‘A cursory Google search of employee monitoring tools reveals the breadth of technologies now available for companies to track worker activity. The top results are dominated by advertisements for software with features like keystroke logging, website monitoring, video surveillance and geolocational tracking, all with the goals of keeping managers informed and harnessing productivity. While monitoring employees is hardly a new phenomenon, the interest in such technologies has dramatically increased as a result of the Covid-19 pandemic with the surge of people working from home (WFH). From a legal perspective, the permissibility of these monitoring practices is complex.’

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UK Labour Law, 19th May 2021

Source: uklabourlawblog.com

TikTok sued for billions over use of children’s data – BBC News

Posted April 21st, 2021 in children, class actions, compensation, damages, data protection, internet, news, privacy by tracey

‘TikTok is facing a legal challenge from former children’s commissioner for England Anne Longfield over how it collects and uses children’s data.’

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BBC News, 21st April 2021

Source: www.bbc.co.uk

An Enlightened Approach to Taxpayer Confidentiality: The Story of the First Income Tax – Wilberforce Chambers

Posted April 15th, 2021 in confidentiality, income tax, news, privacy by sally

‘Confidentiality is a fundamental concept at the heart of the modern taxation system. The need to strike a balance between the taxpayer’s right to privacy and the requirement of HMRC to carry out its functions has been the subject of much legislation and litigation. There has been an explosion in the exchange of information between revenue authorities of different countries and British politicians have for years been under pressure to emulate the tradition of American presidents publishing their tax returns. But there is nothing new under the sun: the introduction of income tax in Britain at the end of the 18th century was dominated by concerns over taxpayer confidentiality, which led to measures being developed which have left their mark on today’s income tax system.’

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Wilberforce Chambers, 6th April 2021

Source: www.wilberforce.co.uk

An Enlightened Approach to Taxpayer Confidentiality: The Story of the First Income Tax – Wilberforce Chambers

‘Confidentiality is a fundamental concept at the heart of the modern taxation system. The need to strike a balance between the taxpayer’s right to privacy and the requirement of HMRC to carry out its functions has been the subject of much legislation and litigation.[1] There has been an explosion in the exchange of information between revenue authorities of different countries and British politicians have for years been under pressure to emulate the tradition of American presidents publishing their tax returns. But there is nothing new under the sun: the introduction of income tax in Britain at the end of the 18th century was dominated by concerns over taxpayer confidentiality, which led to measures being developed which have left their mark on today’s income tax system.’

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Wilberforce Chambers, 6th April 2021

Source: www.wilberforce.co.uk

NHS Covid-19 app update blocked for breaking Apple and Google’s rules – BBC News

Posted April 13th, 2021 in computer programs, coronavirus, internet, news, privacy, telecommunications by sally

‘An update to England and Wales’s contact tracing app has been blocked for breaking the terms of an agreement made with Apple and Google.’

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BBC News, 12th April 2021

Source: www.bbc.co.uk

MI5 undercover agent policy held lawful – UK Human Rights Blog

‘In Privacy International & Ors v Secretary of State for Foreign And Commonwealth Affairs & Ors [2021] EWCA Civ 330, the Court of Appeal held that the policy which authorises officers of the Security Service (MI5) to run undercover agents who participate in the commission of criminal offences is lawful.’

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UK Human Rights Blog, 26th March 2021

Source: ukhumanrightsblog.com

Legal challenge seeks to stop ministers sending disappearing messages – The Guardian

‘Ministers could be stopped from using self-destructing messages to conduct government business, following a legal challenge supported by an alliance of transparency campaigners and university archivists.’

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The Guardian, 29th March 2021

Source: www.theguardian.com

The jurisdictional challenge of internet regulation – OUP Blog

Posted March 24th, 2021 in data protection, international law, internet, jurisdiction, news, privacy by sally

‘We live in an increasingly automated, data-driven world where choices and decisions are made for us, and sometimes, against us, and in which we are being subconsciously manipulated, based on the data trail we leave behind us. As a consequence, increasingly humanity is losing agency in favour of globally operating technology and media companies, who are building empires based on big data, data mining, and artificial intelligence. Their wealth and power stems from targeted advertising, but increasingly rests on the wealth of data and profiles of individuals which can be packaged and re-packaged to be sold to the highest bidder. The data collected is not just used for advertising, but also for surveillance, differential pricing, influencing elections, targeted misinformation, predicting sentiments in investment markets, and selling the data for managing corporate risk to the detriment of the consumer, particularly in respect of credit and insurance. Likewise, cybercrime uses techniques of profiling and exploitation of the vulnerable. The global data-driven economy is wide-ranging, has many benefits, but equally, high risks.’

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OUP Blog, 24th March 2021

Source: blog.oup.com

UK to depart from GDPR – Law Society’s Gazette

Posted March 8th, 2021 in brexit, data protection, EC law, government departments, news, privacy by tracey

‘The government has sent a first signal of its intention for UK data protection laws to part company with the EU’s General Data Protection Regulation. In a Financial Times article last week, culture secretary Oliver Dowden said he would use the appointment of a new information commissioner to focus not just on privacy but on the use of data for “economic and social goals”.’

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Law Society's Gazette, 8th March 2021

Source: www.lawgazette.co.uk

Ex-Labour staffer goes to court to try to identify leaker of antisemitism report – The Guardian

‘A former senior Labour staffer has taken the party to court in an attempt to force it to disclose the identity of the leaker of a report on antisemitism in the party that contained hundreds of private WhatsApp messages.’

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The Guardian, 22nd February 2021

Source: www.theguardian.com