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An Update on the UK Coalition Government's
Statewatch Analysis Six months on: An update on the UK coalition government’s commitment to civil liberties Max Rowlands Contents Part I Introduction Part II The proposed measures 1. The Freedom (Great Repeal) Bill 2. Identity cards, the National Identity Register and the ContactPoint database 3. Fingerprinting in schools 4. The Freedom of Information Act 5. The DNA database 6. The right to trial by jury 7. The right to protest 8. Libel laws 9. The misuse of anti-terrorism legislation 10. The regulation of CCTV 11. The retention of communications data 12. The proliferation of unnecessary criminal offences 13. The Human Rights Act Part III What other reforms are needed? 14. The “database state” 15. The Digital Economy Act 16. Anti-social behaviour legislation 17. Anti-terrorism legislation Part IV Conclusion 1 Part I: Introduction Within weeks of its formation in May 2010, the coalition government announced with much fanfare its intention “to restore the rights of individuals in the face of encroaching state power.” An easy victory over Labour’s politically bankrupt National Identity Scheme followed, but since then the government’s approach has been characterised by caution and pragmatism rather than an unerring commitment to liberty. This is largely because there are splits within government on many of the key civil liberties issues that fundamentally define the relationship between citizen and state: how long and under what conditions can the government detain us, to what extent should the state surveil us, and what data on us should it hold? These internal divisions have been compounded by significant pressure from the civil service and security agencies to retain Labour policies that served to empower them. -
The Conservative Party's Credibility Deficit Updated Tax and Spending
The Conservative Party’s credibility deficit Updated tax and spending commitments April 2010 2 Contents Page Introduction 5 Summary 7 Methodology 8 Tables 10 Broken promises 13 45,000 new single rooms in the NHS 15 5,000 new prison places 19 Reducing taxes on savings 22 More places for science courses, training and apprenticeships 24 Maternity nurses for all 25 Reinstate the Defence Export Services Organisation (DESO) 28 National Loan Guarantee Scheme 30 Tax cuts 33 Corporation tax and investment allowance changes 35 Freeze council tax for two years 38 Reduce employers’ NICs for some small companies 41 Tax cuts for married couples 43 Inheritance tax cuts 50 Reverse impact of abolition of dividend tax credit 53 Tax reversals 57 Raise National Insurance Contributions thresholds 59 Oppose Broadband levy 61 Oppose cider duty increase 63 Tax increases 65 Non-domicile levy 67 Spending reductions 73 Cut Government “waste” 75 Savings on employment and skills programmes 78 Reduce spending on Building Schools for the Future 83 Reduce eligibility for tax credits 85 Reduce eligibility for Child Trust Funds 88 Reduce government spending on consultants and advertising 90 Reduce “bureaucracy” spending by a third 92 Welfare savings 95 Scrap ContactPoint 98 NHS IT Programme 100 Freeze pay and cap pensions for public sector workers 103 Reduce spending on Sure Start outreach workers 105 3 Scrap some Regional Development Agencies 107 Scrap regional assemblies 109 Scrap identity cards 110 “Cutting the cost of politics” 112 Scrap the Trade Union Modernisation -
Security Forum Strategic Panel Phorm Position Paper
Security Forum Strategic Panel Phorm Position Paper PHORM – PRIVACY IMPACT OF NEW INTERNET ADVERTISING MECHANISMS 1. INTRODUCTION 1.1. Online advertising company Phorm has caused a stir in the Internet community because of its profile-driven service. Phorm has trialled this service with BT, and signed further contracts with Virgin Media and TalkTalk. However, critics claim that the service breaches the Regulation of Investigatory Powers Act (2000), and that Phorm’s approach is contrary to users’ privacy wishes. 1.2. The BCS believes that the solution to this debate rests in self-regulation of online advertising: companies must establish and enforce a code of conduct; be completely transparent about their practices; resist sharing data with third parties; and submit to ongoing oversight from an independent third party organisation. 2. THE BATTLE FOR THE INTERNET 2.1. The massive market for online advertising is one that affects every Internet user: many search engines and websites depend upon advertising revenues for funding, and some ISPs use advertising to subsidise subscription costs. In the absence of those funding sources they would either have to pass on additional operating costs to users, or cease trading altogether. 2.2. The battle for control of Internet advertising had, until recently, been confined to a small number of (rapidly consolidating) players including the likes of Microsoft, Google, Yahoo! and DoubleClick. These well-established companies have built their offerings over many years and believed themselves to control the market, with little threat from new companies. 2.3. However, a new breed of online advertising company has recently appeared. -
Protection of Biometric Information of Children in Schools and Colleges
Protection of biometric information of children in schools and colleges Advice for proprietors, governing bodies, head teachers, principals and school and college staff March 2018 Contents 1. About this advice 3 Expiry/review date 3 What legislation does this advice relate to? 3 Who is this advice for? 3 2. Key Points 4 What is biometric data? 4 What is an automated biometric recognition system? 5 What does processing data mean? 5 3. The Protection of Freedoms Act 2012 6 Notification and Parental Consent 6 The pupil’s right to refuse 7 Providing alternatives 8 The Data Protection Act 1998 8 Associated Resources 9 4. Template Notification and Consent Form 10 2 1. About this advice This is non-statutory advice from the Department for Education. It explains the legal duties schools and colleges have if they wish to use biometric information about pupils for the purposes of using automated biometric recognition systems. The duties on schools and colleges in the Protection of Freedoms Act 2012 set out in this advice came into effect from 1 September 2013. Schools and colleges using automated biometric recognition systems, or planning to install them, should make arrangements to notify parents and obtain the consent required under the duties set out in the body of this advice. There are no circumstances in which a school or college can lawfully process a pupil’s biometric data without having notified each parent of a child and received the necessary consent. This advice replaces “Protection of biometric information of children in schools”, which was issued in December 2012. -
The Data Protection Act 1998 and Personal Privacy
Introduction On 2 February 1998 Lord Williams of Mostyn commenced his second reading speech for the Data Protection Bill: “I recognise that data protection does not sound like a subject to attract obsessive interest; witness the general exodus from your Lordships’ House as I start to Monday, 19 March 2012 introduce this Second Reading. Data protection is redolent in many ways of computers and electronic processing: necessary but essentially technical providers The Data Protection Act 1998 & Personal Privacy of services. In fact it affects our well-being in a much more general way. It shares common ground to that extent with the Human Rights Bill. That Bill will improve Philip Coppel QC the position of citizens of this country by enabling them to rely on the wide range of civil and political rights contained in the European Convention on Human Rights. Those rights include the right to respect for private and family life. The Data Protection Bill also concerns privacy, albeit a specific form of privacy; Synopsis: Described in Campbell v MGN [2003] QB 633 at [72] as “a thicket” personal information privacy. The subject matter of the Bill is, therefore, and as “certainly a cumbersome and inelegant piece of legislation”, inherently important to our general social welfare.”1 the Data Protection Act 1998 is the ugly relation in the law of As I penned this talk, with more than a decade having passed since Lord privacy. As the Human Rights Act 1998 has extruded the law of Williams’s speech echoed in the House, I did wonder whether his words confidentiality to protect personal privacy, the Data Protection Act would similarly resonate tonight. -
The Conservative Agenda for Constitutional Reform
UCL DEPARTMENT OF POLITICAL SCIENCE The Constitution Unit Department of Political Science UniversityThe Constitution College London Unit 29–30 Tavistock Square London WC1H 9QU phone: 020 7679 4977 fax: 020 7679 4978 The Conservative email: [email protected] www.ucl.ac.uk/constitution-unit A genda for Constitutional The Constitution Unit at UCL is the UK’s foremost independent research body on constitutional change. It is part of the UCL School of Public Policy. THE CONSERVATIVE Robert Hazell founded the Constitution Unit in 1995 to do detailed research and planning on constitutional reform in the UK. The Unit has done work on every aspect AGENDA of the UK’s constitutional reform programme: devolution in Scotland, Wales, Northern Ireland and the English regions, reform of the House of Lords, electoral reform, R parliamentary reform, the new Supreme Court, the conduct of referendums, freedom eform Prof FOR CONSTITUTIONAL of information, the Human Rights Act. The Unit is the only body in the UK to cover the whole of the constitutional reform agenda. REFORM The Unit conducts academic research on current or future policy issues, often in collaboration with other universities and partners from overseas. We organise regular R programmes of seminars and conferences. We do consultancy work for government obert and other public bodies. We act as special advisers to government departments and H parliamentary committees. We work closely with government, parliament and the azell judiciary. All our work has a sharply practical focus, is concise and clearly written, timely and relevant to policy makers and practitioners. The Unit has always been multi disciplinary, with academic researchers drawn mainly from politics and law. -
Re-Constructing Children's Identities: Social Work Knowledge And
Re-Constructing Children’s Identities: Social work knowledge and practice in the assessment of children’s identities. Jane Thomas This thesis is submitted in candidature for the degree of Doctor of Philosophy Cardiff School of Social Sciences Cardiff University April 2010 UMI Number: U585453 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U585453 Published by ProQuest LLC 2013. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 DECLARATION This work has not previously been accepted in substance for any degree and is not concurrently submitted in candidature for any degree. Signed . f a £ & — ,rrr. ...... (candidate) Date ................................................................................. STATEMENT 1 This thesis is being submitted in partial fulfilment of the requirements for the degree of PhD. Signed 3 — «■——— ~ .....................(candidate) Date ................................. STATEMENT 2 This thesis is the result of my own independent investigations, except where otherwise stated. Other sources are acknowledged by footnotes giving explicit references. .(candidate)Signed .. .(candidate)Signed Date STATEMENT 3 I hereby give consent for my thesis, if accepted, to be available for photocopying and for inter-library loan, and for the title and summary to be made available to outside organisations. -
Data Protection, Caldicott
This printed version may be out of date. You should refer to the Hampshire Partnership Trust website (www.hantspt.nhs.uk) for the most up to date copy of this policy NCP 25 DATA PROTECTION, CALDICOTT & CONFIDENTIALITY POLICY & PROCEDURES [VERSION 2] Author: Information Governance Manager 1 Version 2 March 2007 This printed version may be out of date. You should refer to the Hampshire Partnership Trust website (www.hantspt.nhs.uk) for the most up to date copy of this policy NCP 25 Hampshire Partnership NHS Trust POLICIES AND PROCEDURES PROFORMA Subject and Version of Document: Data Protection, Caldicott & Confidentiality Policy and Procedure; Version 2 Author: Gordon Cheeseman, Information Governance Manager Persons/Committees etc consulted Information Governance Group, P&PC, TMT, whilst document in draft: TB Date agreed: Version 1: June 2004 Version 2: March 2007 By whom agreed: P&PC (March 04), TMT (June 04), TB Date of next review/update March 2010 and by whom: Information Governance Group Copy obtainable from: Website Date document issued: Version 1: July 2004 – Update 9 Version 2: March 2007 – Update 22 Responsibility for dissemination All Department Heads to new staff: Principal Target Audience: All staff who come into contact with personal identifiable information Training Implications: Staff Awareness Legal responsibilities covered in Organisational Induction. Amendments Summary: Amend. No. Issued Page Subject 1, Version 2 Nov 2006 All Minor changes to update document 2. Version 2 Dec 2006 24 & 30 Procedure for franked mail 3. Version 2 March 2007 8 Confidentiality: NHS Code of Practice 4. Version 2 March 2007 24 NHSmail Guidance Author: Information Governance Manager 2 Version 2 March 2007 This printed version may be out of date. -
Data Protection and Human Rights
House of Lords House of Commons Joint Committee on Human Rights Data Protection and Human Rights Fourteenth Report of Session 2007–08 HL Paper 72 HC 132 House of Lords House of Commons Joint Committee on Human Rights Data Protection and Human Rights Fourteenth Report of Session 2007–08 Report, together with formal minutes, and oral and written evidence Ordered by The House of Commons to be printed 4 March 2008 Ordered by The House of Lords to be printed 4 March 2008 HL Paper 72 HC 132 Published on 14 March 2008 by authority of the House of Commons London: The Stationery Office Limited £0.00 Joint Committee on Human Rights The Joint Committee on Human Rights is appointed by the House of Lords and the House of Commons to consider matters relating to human rights in the United Kingdom (but excluding consideration of individual cases); proposals for remedial orders, draft remedial orders and remedial orders. The Joint Committee has a maximum of six Members appointed by each House, of whom the quorum for any formal proceedings is two from each House. Current membership HOUSE OF LORDS HOUSE OF COMMONS Lord Bowness John Austin MP (Labour, Erith & Thamesmead) Lord Dubs Mr Douglas Carswell MP (Conservative, Harwich) Lord Lester of Herne Hill Mr Andrew Dismore MP (Labour, Hendon) (Chairman) Lord Morris of Handsworth OJ Dr Evan Harris MP (Liberal Democrat, Oxford West & The Earl of Onslow Abingdon) Baroness Stern Virendra Sharma MP (Labour, Ealing, Southall) Mr Richard Shepherd MP (Conservative, Aldridge-Brownhills) Powers The Committee has the power to require the submission of written evidence and documents, to examine witnesses, to meet at any time (except when Parliament is prorogued or dissolved), to adjourn from place to place, to appoint specialist advisers, and to make Reports to both Houses. -
Data Protection & Privacy 2020
Data Protection & Privacy 2020 Contributing editors Aaron P Simpson and Lisa J Sotto Hunton Andrews Kurth LLP © Law Business Research 2019 Leaders in Privacy and Cybersecurity Keep the trust you’ve earned. Complying with global privacy, data protection and cybersecurity rules is challenging, especially for businesses that operate across borders. Our top-ranked privacy team, in combination with the firm’s Centre for Information Policy Leadership, advises on all aspects of US and European data protection law and cybersecurity events. We help businesses develop global compliance frameworks addressing regulatory obligations in the US, the EU and across the world. The firm is widely recognized globally as a leading privacy and data security firm. For more information, visit www.huntonprivacyblog.com. ©2019 Hunton Andrews Kurth LLP | HuntonAK.com © Law Business Research 2019 19268_GettingTheDealThrough_SponsorAd_R2.indd 2 7/9/19 9:22 AM Publisher Tom Barnes [email protected] Subscriptions Claire Bagnall Data Protection & [email protected] Senior business development managers Adam Sargent Privacy [email protected] Dan White [email protected] 2020 Published by Law Business Research Ltd 87 Lancaster Road London, W11 1QQ, UK Contributing editors Tel: +44 20 3780 4147 Aaron P Simpson and Lisa J Sotto Fax: +44 20 7229 6910 Hunton Andrews Kurth LLP The information provided in this publication is general and may not apply in a specific situation. Legal advice should always be sought before taking any legal action based on the information provided. This Lexology Getting The Deal Through is delighted to publish the eighth edition of Data Protection information is not intended to create, nor and Privacy, which is available in print and online at www.lexology.com/gtdt. -
UK & EU Data Protection Bulletin
UK & EU Data Protection Bulletin: April - May 2019 United Kingdom Information Commissioner's Office (ICO) Date Description 15 April The ICO has released its new code on age-appropriate design. It imposes strict rules on information society service providers whose services are likely to be accessed by children. As drafted, compliance with the code may require substantial design and operational changes and organisations which are likely to be affected by its provisions should review carefully. This code is open for public consultation until 31 May 2019. For more please see our Bird & Bird update here. 29 April ICO call for views on a data protection and journalism code of practice. The ICO issued a consultation on the upcoming data protection and journalism code of practice. This consultation, which ends on 27 May, is meant to be the first stage of the consultation process. Contributions will be used to draft and develop the code which will also be based on the detailed guidance already issued by the ICO on this topic. To help with the consultation process, the ICO made available a survey (available here) that can be completed by organisations wishing to express their view on this topic. 1 UK Cases Date Description 10 April Robin Rudd V (1) John Bridle (2) J&S Bridle Ltd [2019] Ewhc 893 This case relates to the Court exercising its discretion in connection with a subject access request. Facts In this decision, Mr Rudd, who is a doctor who specialises in the science of exposure to asbestos and who often acted as an expert witness for claimants in asbestos actions, brought a claim under S7 of the old Data Protection Act 1998 and sought an order requiring the defendants to comply with a subject access request. -
The Data Protection Act 1998 & Market
The Data Protection Act 1998 & Market Research: Guidance for MRS Members September 2003 NB. The document refers to the MRS Code of Conduct and other documents in force at the time of its adoption 1 of 38 This has been produced as a response to the Data Protection Act 1998 and replaces the MRS Guidelines for Handling Databases. "I welcome this guidance. It would not be appropriate for me to produce detailed bespoke guidance for all different sectors and industries. I am, therefore, pleased that the Market Research Society and other bodies have taken the initiative to produce guidance on the Data Protection Act 1998. This guidance, reflecting the MRS's detailed knowledge of the uses of personal data within their industry, should prove very useful to the market research community." Elizabeth France This material is provided for information only. It is not legal advice and should not be relied upon as such. Specific legal advice should be taken in relation to specific issues. CONTENTS 1. Introduction: why a new guideline is necessary; who should read it; main source documents. 2. The Data Protection Act 1998: the main Principles of the new Act; how it differs from the 1984 Act; exemptions covering research; definitions of the terms used in the Act. 3. Definitions of Survey Research and Categories of Data Processing Projects: differentiating market research from other data processing activities and the limits allowed when feeding back information to clients. 4. Using and Managing Databases in Market Research: expanded guidance covering the growing importance of databases in market research; the implications for market research of the new data controller status defined in the Act.