Short Cuts – London Review of Books

‘After Brexit, the public face of criminal justice will look much the same as it does now. The UK has resisted many of the European Union’s moves towards harmonisation of substantive criminal law and procedure, and it is unlikely to use its new-found freedom from the restraints of EU law to decriminalise things like child pornography, cybercrime and people trafficking. The EU’s greatest impact on criminal justice has been through the multiple agreements and instruments that facilitate the detection, investigation and prosecution of such crimes as terrorism, people trafficking, child pornography, drug-smuggling, cybercrime and fraud across the EU. The best known of these is the European Arrest Warrant (EAW), implemented in 2004.’

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London Review of Books, 18th May 2017

Source: www.lrb.co.uk

Nuisance call firm Keurboom hit with record fine – BBC News

Posted May 11th, 2017 in advertising, complaints, fines, news, nuisance, privacy, telecommunications by tracey

‘A cold-calling firm has been fined a record £400,000 by the Information Commissioner’s Office (ICO) for making almost 100 million nuisance calls.’

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BBC News, 11th May 2017

Source: www.bbc.co.uk

Digital Economy Bill made law – Panopticon

Posted May 4th, 2017 in advertising, bills, internet, news, pornography, privacy by sally

‘What with all the kerfuffle over Brexit negotiations and the impending snap general election, you could perhaps be forgiven for failing to notice that the Government had rushed the Digital Economy Bill through Parliament in last week’s “wash up” before the dissolution of Parliament.’

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Panopticon, 3rd May 2017

Source: www.panopticonblog.com

Government ‘blocked’ from accessing Twitter data to help spot terrorist plots – Daily Telegraph

Posted April 26th, 2017 in internet, investigatory powers, news, privacy, terrorism by sally

‘Twitter has blocked the Government from accessing data on potential terrorist threats in a move that ministers fear will make the country less safe, industry sources have told The Telegraph.’

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Daily Telegraph, 25th April 2017

Source: www.telegraph.co.uk

Henry Pearce: Some Thoughts on the Encryption Regulatory Debate – UK Constitutional Law Association

‘Debates about the regulation of encryption technologies and surveillance have been around for decades. It is in unfortunate circumstances that these debates have now been thrust back into the public eye. Following the horrifying Westminster attack which occurred on 22nd March 2017 Amber Rudd, the UK’s Home Secretary, has been very vocal in suggesting that in order for the police and security services to be able to effectively investigate and prevent future terrorist acts they must be given access to over-the-top messaging services that utilise end-to-end encryption, such as WhatsApp. (End-to-end encryption services can generally be described as those which allows for conversations to be read only by the sender and recipient of individual messages, meaning that such messages cannot be intercepted and read by a third party.) Her comments appeared to have been driven by the fact that Khalid Masood, the perpetrator of the attack, had used WhatsApp shortly before commencing his appalling actions. In particular, Rudd has claimed it is “unacceptable” that governmental agencies were unable to read messages protected by WhatsApp’s end-to-end encryption, and in an interview given to the BBC on Sunday 26th March, intimated that she would consider pursuing the enactment of new legislation which would require the providers of encrypted messaging services to grant access to the UK intelligence agencies. This sentiment has since broadly been endorsed by the UK government.’

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UK Constitutional Law Association, 25th April 2017

Source: www.ukconstitutionallaw.org

London residents overlooked by Tate Modern extension suing gallery for breach of human rights – The Independent

Posted April 21st, 2017 in human rights, news, privacy by tracey

‘Residents in a block of multi-million pound flats overlooked by a Tate Modern viewing platform are suing the gallery, arguing that their human rights are being breached by “near constant surveillance”.’

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The Independent, 20th April 2017

Source: www.independent.co.uk

Supreme Court dismisses media publishers’ appeals against costs awards – OUT-LAW.com

‘The UK’s highest court has dismissed the appeals of three media publishers against costs orders made against them by High Court judges in separate libel and privacy cases.’

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OUT-LAW.com, 18th April 2017

Source: www.out-law.com

Snooping by police to be monitored by independent authority – The Guardian

‘A new independent surveillance procedure to prevent police officers granting themselves permission to access personal emails and records of web-browsing history is being established by the government.’

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The Guardian, 28th March 2017

Source: www.guardian.co.uk

WhatsApp must be accessible to authorities, says Amber Rudd – The Guardian

‘Amber Rudd has called for the police and intelligence agencies to be given access to WhatsApp and other encrypted messaging services to thwart future terror attacks, prompting opposition politicians and civil liberties groups to say her demand was unrealistic and disproportionate.’

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The Guardian, 26th March 2017

Source: www.guardian.co.uk

SRA decision to hold board meetings in private “may breach Legal Services Act” – Legal Futures

‘The decision by the Solicitors Regulation Authority to close its meetings to public and press scrutiny appears to be contrary to its obligations under the Legal Services Act 2007 (LSA), a leading regulatory solicitor has said.’

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Legal Futures, 13th March 2017

Source: www.legalfutures.com

Recent ruling a reminder that journalistic defence can defeat data protection breach claims, says expert – OUT-LAW.com

‘ A ruling by the High Court in London last month highlights the special rules that publishers can rely on under UK data protection law to defeat claims that they have processed personal data unlawfully.’

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OUT-LAW.com, 8th March 2017

Source: www.out-law.com

Row erupts after rich pensioner erects barricade to block off neighbour’s £2m home – Daily Telegraph

Posted March 3rd, 2017 in damages, injunctions, news, privacy, right to light by tracey

‘A rich pensioner is locked in a bizarre neighbours war with a cutting-edge architect and her partner, after erecting a huge wooden barricade that blocks off the windows and back door of their innovative £2 million house.’

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Daily Telegraph, 2nd March 2017

Source: www.telegraph.co.uk

Planned ‘cookie law’ update will exacerbate problems of old law, says expert – OUT-LAW.com

Posted March 1st, 2017 in consent, EC law, internet, news, privacy by sally

‘Newly proposed reforms to EU ePrivacy rules could exacerbate problems that stem from existing rules governing the use of ‘cookies’.’

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OUT-LAW.com, 28th February 2017

Source: www.out-law.com

Knowing where your data is processed in the cloud not central to exercising control over it, says expert – OUT-LAW.com

‘It should not be obligatory for banks in the UK to pre-agree where their data will be processed and stored when contracting with cloud service providers.’

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OUT-LAW.com, 13th February 2017

Source: www.out-law.com

Defamation and data protection: hand-in-glove – Panopticon

Posted January 30th, 2017 in data protection, defamation, news, privacy, proportionality by sally

‘Suppose you publish a statement about me to which I object. Can I sue you for both defamation and data protection breaches based on the same set of facts? Or should that sort of ‘doubling up’ be prohibited as a disproportionate attempt to achieve the same objective in different ways?’

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Panopticon, 27th January 2017

Source: www.panopticonblog.com

G4S filmed asylum seekers in their own homes without consent – The Guardian

‘Information commissioner raises concern and campaigners threaten legal action over security firm’s use of body-worn cameras.’

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The Guardian, 24th January 2017

Source: www.guardian.co.uk

Anonymity – London Review of Books

‘Anonymous and pseudonymous publication has a long history. It may now be the exception in literary and specialist journalism, but at the start of the 19th century it was pretty much the rule – to the extent that France in 1850 legislated to forbid the publication of unsigned articles on philosophical, political and religious subjects. A new book by Eric Barendt, Anonymous Speech: Literature, Law and Politics (Hart, £25), traces the contemporaneous voluntary abandonment of anonymity in England and the often pompous arguments that accompanied it. The fact was that journals’ recruitment of well-known writers – Thackeray, Dickens – was starting to put a premium on names. So when the Fortnightly Review started up in 1865, it announced that all its articles would be signed and free of editorial pressure. By contrast, from its foundation in 1913 the New Statesman anonymised its contributors, though the editor, having explained that this was necessary in order to establish a common style and tone, couldn’t resist announcing that Sidney Webb and Bernard Shaw would be writing for it. In 1925 the Spectator, after not quite a hundred years of unsigned articles, abandoned anonymity, and the New Statesman followed. Articles in the TLS remained anonymous until 1974, and obituaries in the Times and Telegraph are unsigned to this day. So are the entirety of the Economist and the bulk of Private Eye.’

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London Review of Books, 19th January 2017

Source: www.lrb.co.uk

Home Office refuses to enforce privacy code on NHS staff using video – The Guardian

Posted January 19th, 2017 in health, hospitals, news, privacy, video recordings by tracey

‘The government has rejected a request by the surveillance camera watchdog to allow it to monitor the increasing and unregulated use of CCTV and body-worn video cameras in hospitals.’

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The Guardian, 18th January 2017

Source: www.guardian.co.uk

UK counter-terror laws most Orwellian in Europe, says Amnesty – The Guardian

Posted January 18th, 2017 in investigatory powers, news, privacy, proportionality, terrorism by sally

‘The UK is leading a Europe-wide “race to the bottom” with Orwellian counter-terrorism measures that seriously threaten human rights, according to a comparative survey of security laws by Amnesty International.’

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The Guardian, 17th January 2017

Source: www.guardian.co.uk

Liberty launches legal challenge to ‘state spying’ in snooper’s charter – The Guardian

Posted January 10th, 2017 in interception, internet, investigatory powers, news, privacy, telecommunications by sally

‘Human rights campaign group Liberty has launched a crowdfunded legal challenge to the “sweeping state spying powers” in the newly enacted Investigatory Powers Act, which has been dubbed the snooper’s charter.’

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The Guardian, 10th January 2017

Source: www.guardian.co.uk