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 sally

‘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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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 sally

‘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.’

Full Story

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 sally

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

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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 sally

‘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”.’

Full Story

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.’

Full Story

The Guardian, 22nd February 2021

Source: www.theguardian.com

DWP uses excessive surveillance on suspected fraudsters, report finds – The Guardian

‘Suspected benefit fraudsters in the UK are being subjected to excessive surveillance techniques such as being tailed by government officers or identified in CCTV footage, according to a report.’

Full Story

The Guardian, 14th February 2021

Source: www.theguardian.com

Markle judgment warns against ‘Micawber’ tactics – Law Society’s Gazette

‘The High Court has sounded a new warning about “Micawber tactics” in a summary judgment in the high-profile action brought by the Duchess of Sussex (Meghan Markle) against the Mail newspaper. Lord Justice Warby, sitting as a judge in the Chancery Division, found that the duchess had a reasonable expectation of privacy when she wrote a personal letter to her father, even though she feared it might be leaked to the press.’

Full Story

Law Society's Gazette, 12th February 2021

Source: www.lawgazette.co.uk

Meghan wins privacy case against Mail on Sunday – The Guardian

Posted February 12th, 2021 in copyright, damages, data protection, media, news, privacy, royal family by sally

‘The Duchess of Sussex has won her high court privacy case against the Mail on Sunday, hailing her victory as a “comprehensive win” over the newspaper’s “illegal and dehumanising practices”.’

Full Story

The Guardian, 11th February 2021

Source: www.theguardian.com

Case Preview: R (on the application of A) v Secretary of State for the Home Department – UKSC Blog

‘On 10 February, the Supreme Court will hear the appeal in R (A) v SSHD. The case concerns the legality of guidance issued under the Multi Agency Public Protection Arrangements (“MAPPA”).’

Full Story

UKSC Blog, 8th February 2021

Source: ukscblog.com

Requirement for all parole hearings to be held in private to be relaxed – Ministry of Justice

Posted February 9th, 2021 in parole, press releases, privacy, private hearings, victims by sally

‘The rule which currently requires all parole hearings to be held in private will be relaxed as part of the government’s efforts to increase public confidence in the process.’

Full press release

Ministry of Justice, 8th February 2021

Source: www.gov.uk/government/organisations/ministry-of-justice

Radicalisation and retention: how long can the police hold data about a person allegedly vulnerable to radicalisation? – UK Police Law Blog

Posted January 29th, 2021 in data protection, equality, human rights, Islam, news, police, privacy, proportionality, terrorism by sally

‘If concerns are raised that a person might be vulnerable to radicalisation, how long can a police force hold data about that person? This was the question facing the High Court in the case of R (II) v Commissioner of Police for the Metropolis [2020] EWHC 2528 (Admin), which held that the police’s continued retention of data a sixteen year old was contrary to the Data Protection Act 2018 and article 8. In finding this, the court held that a force’s retention of data must be proportionate, what is proportionate in any given situation is fact-specific and that when the police cease to be able to identify a policing purpose for continued retention of personal data, it should be deleted.’

Full Story

UK Police Law Blog, 28th January 2021

Source: ukpolicelawblog.com