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The Ministry of Justice is consulting on whether custodial sentences should be introduced where there has been a knowing or reckless misuse of personal data, contrary to s55 of the Data Protection Act 1998. The consultation also proposes creating a new s55 defence where the purpose is for journalism, literature and art.
This consultation began on 15th October 2009 and closes …
Articles in: Data Protection and Freedom of Information
Ministry of Justice Consultation on the introduction of criminal offences for knowing or reckless misuse of personal data
December 10, 2009 | No CommentsJudges find in favour of Councils in Freedom of Information ruling
December 10, 2009 | No CommentsThe Inner House of the Court of Session has ruled that the Scottish Information Commissioner did not treat Glasgow and Dundee City Councils fairly, when deciding Freedom of Information cases involving land sales records. The Councils were instructed to release this information but successfully appealed the decision of the Commissioner.
It was held that “The requests were invalid in that they …
Joint Committee on Human Rights Report on the Retention, Use and Destruction of Biometric Data: Correspondence with Government
November 22, 2009 | No CommentsThe Joint Committee on Human Rights twenty-seventh report of session 2008-09 notes the removal of clauses from the Policing and Crime Bill which would have enabled the Government to deal with the retention, use and destruction of biometric data, following an adverse judgment of the European Court of Human Rights in the Marper case, by secondary legislation.
Art. 08 Right to Private and Family Life, Data Protection and Freedom of InformationePrivacy Directive Close To Enactment: Improvements on Security Breach, Cookies and Enforcement
November 22, 2009 | No CommentsThe EC Commission has announced that the ePrivacy Directive (Directive 2002/58) should be implemented by the Member States within 18 months.
Art. 08 Right to Private and Family Life, Data Protection and Freedom of Information, Intellectual Property Law, Protocol 1, Art. 1 Right to Private PropertyISP Indirect Copyright Liability: Conflicts of Rights on the Internet
November 22, 2009 | No Commentsby Weixiao Wei (University of Strathclyde)
This article assesses the conflicts between the indirect copyright liability of internet service providers (ISPs) and other aspects of society, whether such conflicts are inevitable and how laws should be amended to achieve a proper balance between competing interests.
