Category: data protection

Migrant domestic abuse victims’ data must not be shared between police and Home Office, report warns – The Independent

Posted December 17th, 2020 in data protection, government departments, immigration, news, police, trafficking in human beings, victims by tracey

‘Police and government must urgently introduce measures to stop police sharing domestic abuse victims’ immigration data with the Home Office, a major new report has warned.
Campaigners have routinely voiced fears women with unsettled immigration status who are suffering domestic violence are often too fearful to report the abuse due to fears police will share their data with the Home Office and they will face deportation.’

Full Story

The Independent, 17th December 2020

Source: www.independent.co.uk

Information commissioner gets busy with fines – Law Society’s Gazette

Posted December 8th, 2020 in data protection, EC law, fines, news by sally

‘General Data Protection Regulation fines are like a number 65 bus: you wait for a long time and then three arrive at once. In the space of a month the Information Commissioner’s Office (ICO) has issued three monetary penalty notices. All relate to breaches of GDPR’s security requirements as set out in articles 5 and 32.’

Full Story

Law Society's Gazette, 7th December 2020

Source: www.lawgazette.co.uk

High Court refuses to strike out solicitor’s surveillance harassment claim – Legal Futures

Posted November 30th, 2020 in damages, data protection, fees, fiduciary duty, harassment, negligence, news, privacy, Serious Fraud Office, solicitors, spying, striking out, trespass by sally

‘The High Court has refused to strike out claims of harassment brought by a solicitor and his wife over surveillance of them carried out at the instruction of a former client.’

Full Story

Legal Futures, 30th November 2020

Source: www.legalfutures.co.uk

‘Antiquated process’: data regulator on obtaining Cambridge Analytica warrant – The Guardian

Posted November 25th, 2020 in auditors, data protection, fines, internet, news, privacy, select committees, warrants by sally

‘The information commissioner has criticised the “antiquated process” that led to Facebook getting hold of Cambridge Analytica’s servers before the UK regulator itself, and renewed calls for an international approach to data privacy to tackle the emerging threat of data havens.’

Full Story

The Guardian, 24th November 2020

Source: www.theguardian.com

How Your Boss Could Be Spying On You At Home – And What Your Rights Are – Each Other

Posted November 20th, 2020 in computer programs, coronavirus, data protection, employment, human rights, internet, news, privacy, spying by sally

‘There are reports of bosses in some parts of the world downloading programs which screenshot their staffs’ computers at regular intervals to monitor their productivity.’

Full Story

Each Other, 19th November 2020

Source: eachother.org.uk

Data protection – ICO’s new guidance on data subject access requests – OUT-LAW.com

Posted November 6th, 2020 in codes of practice, data protection, employment, news by tracey

‘Leanne Francis comments on the ICO’s new guidance on handling data subject access requests from employees.’

Full Story

OUT-LAW.com, 5th November 2020

Source: www.pinsentmasons.com

Court of Appeal affirms importance of data in horseracing case – OUT-LAW.com

Posted November 4th, 2020 in appeals, data protection, news, sport, third parties, unlawful means conspiracy by tracey

‘The Court of Appeal in London has strengthened the tools available to rights holders when seeking to control and exploit commercially valuable data within sport and set out the pitfalls for third parties who seek to do the same without clear, unambiguous approval from a rights holder.’

Full Story

OUT-LAW.com, 3rd November 2020

Source: www.pinsentmasons.com

ICO fine for British Airways lands at £20m – Panopticon

Posted October 19th, 2020 in airlines, coronavirus, data protection, fines, news, ombudsmen by sally

‘Ever since the Information Commissioner issued British Airways with a notice proposing to impose a massive fine of £183.39m for a data breach incident in 2018, we have all be waiting with bated breath to see how that process would conclude. A fine at that level would have been the largest ever issued by a data protection regulator in Europe, and would have dwarfed the eye-watering €50m proposed by the French data protection authority CNIL in respect of Google’s advertisement personalisation practices, affecting millions of French citizens. The prospect of BA, a corporate victim of a criminal cyber-attack affecting around 400,000 people’s (mostly payment-card) data, being subject to fine in excess of 4x as large certainly grabbed the headlines.’

Full Story

Panopticon, 19th October 2020

Source: panopticonblog.com

Vos: ‘lawyers face steep learning curve on tech’ – Law Society’s Gazette

Posted October 5th, 2020 in barristers, computer programs, coronavirus, cryptocurrencies, data protection, electronic commerce, electronic filing, judges, legal profession, news, solicitors by tracey

‘All lawyers will need to become familiar with the concepts and workings of distributed ledger technology, smart legal contracts and cryptoassets, according to the next master of the rolls. In a foreword to a landmark report on the regulation of blockchain technology, Sir Geoffrey Vos says that the pandemic “has only emphasised our need to understand the ways in which technology is affecting our professional lives. Lawyers face a steep learning curve.” ’

Full Story

Law Society's Gazette, 5th October 2020

Source: www.lawgazette.co.uk

Data protection challenges of remote working – Local Government Lawyer

Posted October 2nd, 2020 in computer programs, coronavirus, data protection, electronic mail, employment, local government, news, privacy by tracey

‘Samantha Smith looks at how organisations can handle the data protection challenges of remote working.’

Full Story

Local Government Lawyer, 2nd October 2020

Source: www.localgovernmentlawyer.co.uk

The impact of digitalisation on the immigration process – EIN Blog

Posted September 22nd, 2020 in case management, computer programs, contracting out, data protection, government departments, immigration, news, remote hearings by sally

‘The coronavirus pandemic created an impetus for the legal world to finally begin accepting digitalisation of processes, moving away from the traditional paper process to an online version. The immigration process is already faced with a myriad of concerns which leaves the applicant in a weak position, and most often, with a lack of funds to cover their costs. The Home Office’s inability to train and effectively manage applications, outsource services to dubious third-party contractors has been exacerbated further by the haphazard application of online processes which do not match the needs of the immigration process. Despite the fact that online applications are easier to complete for legal representatives a number of issues have arisen as a result of this sudden change.’

Full Story

EIN Blog, 21st September 2020

Source: www.ein.org.uk

Data protection representative actions consultation opened – OUT-LAW.com

Posted September 14th, 2020 in appeals, class actions, complaints, consultations, data protection, government departments, news, ombudsmen, statistics, Supreme Court by tracey

‘The UK government is considering whether to allow non-profit organisations to make data protection regulatory complaints and bring court claims on behalf of individuals without their consent.’

Full Story

OUT-LAW.com, 14th September 2020

Source: www.pinsentmasons.com

Ensuring the lawfulness of automated facial recognition surveillance in the UK – Oxford Human Rights Hub

Posted September 9th, 2020 in data protection, equality, facial mapping, human rights, investigatory powers, news, police, privacy, race discrimination, sex discrimination, Wales by sally

‘In R(Bridges) v South Wales Police, the England and Wales Court of Appeal reviewed the lawfulness of the use of live automated facial recognition technology (‘AFR’) by the South Wales Police Force. CCTV camera­­s capture images of the public, which are then compared with digital images of persons on a watchlist.’

Full Story

Oxford Human Rights Hub, 3rd September 2020

Source: ohrh.law.ox.ac.uk

Policing Our Privacy – Where Does the Law Lie? – 39 Essex Chambers

Posted August 27th, 2020 in computer programs, data protection, equality, facial mapping, judicial review, minorities, news, police, privacy, race discrimination by sally

‘Last Tuesday the Court of Appeal (Sir Terence Etherton MR, Dame Victoria Sharp PQBD and Singh LJ) allowed the appeal of the civil liberties campaigner, Edward Bridges, against the decision of the Divisional Court which had dismissed his claim for judicial review of South Wales Police Force’s use of live automated facial recognition technology (“AFR”).’

Full Story

39 Essex Chambers, 17th August 2020

Source: www.39essex.com

Facial Recognition Technology not “In Accordance with Law” – UK Human Rights Blog

Posted August 14th, 2020 in appeals, data protection, equality, facial mapping, human rights, investigatory powers, news, pilot schemes, privacy, proportionality, race discrimination, sex discrimination, Wales by sally

‘The Court of Appeal, overturning a Divisional Court decision, has found the use of a facial recognition surveillance tool used by South Wales Police to be in breach of Article 8 of the European Convention on Human Rights (ECHR). The case was brought by Liberty on behalf of privacy and civil liberties campaigner Ed Bridges. The appeal was upheld on the basis that the interference with Article 8 of the ECHR, which guarantees a right to privacy and family life, was not “in accordance with law” due to an insufficient legal framework. However, the court found that, had it been in accordance with law, the interference caused by the use of facial recognition technology would not have been disproportionate to the goal of preventing crime. The court also found that Data Protection Impact Assessment (DPIA) was deficient, and that the South Wales Police (SWP), who operated the technology, had not fulfilled their Public Sector Equality Duty.’

Full Story

UK Human Rights Blog, 13th August 2020

Source: ukhumanrightsblog.com

Police’s Automated Facial Recognition Deployments Ruled Unlawful by the Court of Appeal – Doughty Street Chambers

Posted August 13th, 2020 in appeals, chambers articles, data protection, equality, facial mapping, human rights, investigatory powers, news, pilot schemes, police, privacy, proportionality, race discrimination, sex discrimination, Wales by sally

‘R. (Bridges) v Chief Constable of South Wales [2020] EWCA Civ 1058 [2020] 8 WLUK 64 is thought to be the first case in the world to consider the use of facial recognition technology by law enforcement agencies. In this short article, we explore the judgment and its implications for the deployment of these and similar technologies in future.’

Full Story

Doughty Street Chambers, 12th August 2020

Source: insights.doughtystreet.co.uk

Let’s face it: use of automated facial recognition technology by the police – UK Police Law Blog

Posted August 12th, 2020 in appeals, data protection, equality, facial mapping, human rights, investigatory powers, news, pilot schemes, police, privacy, proportionality, race discrimination, sex discrimination, Wales by sally

‘The case of R (Bridges) v Chief Constable of South Wales Police & Information Commissioner [2020] EWCA Civ 1058 (handed down on 11 August 2020) was an appeal from what is said to have been the first claim brought before a court anywhere on planet earth concerning the use by police of automated facial recognition (“AFR”) technology. There could be nothing wrong with posting scores of police officers with eidetic memories to look out for up to a 800 wanted persons at public gatherings. So why not use a powerful computer, capable of matching 50 faces a second with a database of (under) 800 suspects, to do this job much more cheaply and instantaneously, flagging any matches to a human operator for final assessment? According to the Court of Appeal in Bridges, this system constitutes an interference with Article 8 rights which is not such as is in accordance with the law, but which (critically) would be proportionate if a sufficiently narrow local policy were framed.’

Full Story

UK Police Law Blog, 11th August 2020

Source: ukpolicelawblog.com

South Wales police lose landmark facial recognition case – The Guardian

Posted August 12th, 2020 in appeals, data protection, equality, facial mapping, human rights, investigatory powers, news, pilot schemes, police, privacy, race discrimination, sex discrimination, Wales by sally

‘Campaigners are calling for South Wales police and other forces to stop using facial recognition technology after the court of appeal ruled that its use breached privacy rights and broke equalities law.’

Full Story

The Guardian, 11th August 2020

Source: www.theguardian.com

My Data Went to the Caribbean. Jamaica? No, It Went of its Own Accord – Panopticon

Posted August 11th, 2020 in appeals, data protection, deportation, human rights, immigration, news by sally

‘You have to admire the ingenuity of lawyers. Who would have thought that the GDPR could be a tool to try and force the Home Office to allow a deported overstayer with a lengthy criminal record back into the UK to conduct an in-person appeal? Not the Court of Appeal for a start in Johnson v Secretary of State for the Home Department [2020] EWCA Civ 1032.’

Full Story

Panopticon, 11th August 2020

Source: panopticonblog.com

Newman v Southampton CC: child, mother, journalist – whose rights win out? – Panopticon

Posted August 10th, 2020 in adoption, care orders, chambers articles, children, costs, data protection, disclosure, documents, families, family courts, human rights, local government, media, news, parental responsibility, privacy by sally

‘The High Court handed down judgment on Friday in Newman v Southampton City Council & Ors [2020] EWHC 2103 (Fam), the first recorded judgment concerning journalistic access to the court file in public law family proceedings. The case is likely to be of interest to media lawyers generally, and throws up potential complications surrounding the scope and extent of the privacy rights of children vis-à-vis their parents.’

Full Story

Panopticon, 7th August 2020

Source: panopticonblog.com