UK: Weekly Roundup Of Data Issues – 25 May 2010

Last Updated: 2 July 2010
Article by Mark Gleeson


The Financial Services Authority's Small Firms Financial Crime Review - a review of the small firms sector implementation of anti-financial crime system and controls

This is the FSA's first in-depth assessment of financial crime systems and controls in the small firm sector. It covers 3 main areas - anti-money laundering/financial sanctions, data security and fraud controls.

Click here to view the report

Allies in law set sights on breaches of privacy

The Law Society and Privacy International have announced a new privacy rights centre "for pro bono privacy advice, advocacy and legal action to uphold the rule of law and the rights of the individual against injustices caused by the use of oppressive surveillance technologies in the UK and abroad".

Click here to view the report

Craigdale Housing Association and others v The Scottish Information Commissioner

Housing Associations in Glasgow and Dumbarton requested details of the number of registered sex offenders living in certain postcode areas in order to determine whether poorer neighbourhoods were bearing a disproportionate burden. The request was rejected because of concerns that the information might lead to individuals being identified. The Court of Sessions criticised the Scottish Information Commissioner's failure to explain how the information requested would make it more likely that individual sex offenders could be identified. The Commissioner must now either appeal the Court of Sessions' decision or issue a new decision with a clearer explanation of his reasoning. the Court of Sessions judgment considered the definition of "personal data".

Click here to view the report

Queen's Speech Bills 2010

Twenty-two new Bills were announced in the Queen's Speech outlining the Government's legislative programme for the coming parliamentary session.

Freedom (Great Repeal) Bill

This Bill will limit the amount of time that DNA profiles of innocent people can be held on the national police database. It will tighten regulation on the use of CCTV cameras. Storage by Central Government of private internet and email records will only occur "when there is good reason to do so".

Identity Documents Bill

This bill aims to put an end to Labour's ID card programme and to cancel the next generation of biometric passports.

Click here to view the report


ECHR: Kennedy v United Kingdom Application No. 26839/05 18 May 2010

The European Court of Human Rights (ECHR) has rejected a claim that the regime under the Regulation of Investigatory Powers Act 2000 was incompatible with the right to privacy provided in Article 8 of the European Convention of Human Rights. The applicant had experienced interference with his phone calls which he considered was because his communications were being intercepted under RIPA, and claimed that his Article 8 rights had been violated. The ECHR rejected the claim, finding that although the applicant could complain of interference with his Article 8 rights, that interference was justified under Article 8 (2).

Click here to view the report.

Ireland: Tighter rules needed for breaches to data law

A Government-appointed group, the Data Protection Review Group, has concluded that data controllers who deliberately or recklessly breach information protection law should face sanctions. The obligations on data controllers should be set out in a statutory code of practice which would outline when disclosure of breaches is mandatory and failure to highlight such breaches should lead to prosecution.

Commission outlines action plan to boost Europe's prosperity and well-being

The European Commission has published its Digital Agenda. The Commission has indicated that it intends to strengthen legal protections for personal data, reform copyright law, and ensure that device and software makers are up to standard. The proposals include plans to investigate whether more companies should be subject to a security breach notification law.

Click here to view the report.


Swiss data protection commissioner calls for new rules to regulate firms like Google

Hanspeter Thuer, Switzerland's data protection commissioner, said that the country needs new rules new rules to regulate internet services such as Google, as there are growing concerns over the threat to individuals' privacy in the country. Thuer advised that internet services and applications which threaten privacy should be subject to licensing procedures.


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For further information: SeCure Z-mag or the SeCure website: SeCure Website.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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