Privacy Law Commentary

Citation: The access of mobile phones by the police – Owen Bowcott, The Guardian

The Privacy PerspectiveLeave a comment

The Guardian has posted on Privacy International’s recent challenge to mobile phone interception by the police force.

The issue centers around the extraction of data from mobile phones by the force. Software is used to download the files stored on the accessed mobile devices. NGO Privacy International is challenging the invasiveness and proportionality of the practice in harvesting personal data in the course of investigations.

red smartphone on white surface

The outcome of the case will have significant repercussions for mobile data privacy and mobile developments. Mobile privacy has been a hot topic issue since the US Apple vs. FBI encryption case in relation to the investigation of the San Bernadino Shootings in 2016. We will have coverage of the case once judgment is handed down.

The privacy implications of using facial recognition software

The Privacy PerspectiveLeave a comment

The use of facial recognition software (“FRS”) in security and monitoring was thrust into the spotlight by the London Mayor Sadiq Khan, taking issue with a London developer over its installation in a King’s Cross site. In this post on the Privacy Perspective we consider the privacy and data protection issues with integrating FRS into security systems, an issue currently before the courts. Continue reading →

Big brother is watching you, in compliance with the European Convention of Human Rights

The Privacy PerspectiveLeave a comment

Revisiting the case of Big Brother Watch and Others v. the United Kingdom

The operation of the UK’s surveillance services, MI5, MI6, GCHQ and the Metropolitan Police Service and their interaction with human rights (“Convention rights”) have historically been obscure to safeguard the interests of national security. The specifics of policy and practices when conducting national surveillance and its interaction with the private lives citizens have only come to light since the whistleblowing of Edward Snowden in 2013, catalyzing closer scrutiny of their potential to impinge upon the democratic freedoms.

Continue reading →

A brief introduction to the concept of privacy under English Law – Parts I, II & III

The Privacy PerspectiveLeave a comment

Below we present a compiled summary of our highly popular introduction to the concept of privacy under English Law, this covers early developments, the integration of private individuals rights,  the widening of the concept and early 21st Century data protection issues:  Continue reading →

Look out for the new incoming ePrivacy Regulation and its GDPR integration

The Privacy PerspectiveLeave a comment

The European Data Protection Board issued a statement on 13 March 2019 urging the European Authorities to implement the new ePrivacy Regulation (the “Regulation”).

The Regulation itself sits alongside the existing GDPR framework and focuses on email marketing and cookies consent.

Debate has been generated around the extent to which the Regulation and the GDPR practically sit alongside each other to ensure that the, now onerous, data protection regime does not duplicate obligations. The Panopticon Blog has an excellent post covering this issue from Robin Hopkins. Continue reading →

Citation: Phone Hacking: time the police stepped in – Brian Cathcart

The Privacy PerspectiveLeave a comment

An excellent piece on recent developments in phone hacking cases- a consideration of the News of the World litigation settlements by Brian Cathcart

INFORRM's avatarInforrm's Blog

Evidence against executives and editors is piling up in the civil courts, but newspapers are just buying their way out of trouble. The right place for this is the criminal courts, which means the Metropolitan Police must act.

View original post 1,310 more words

Citation: Article 8 and the “outside world”: privacy, reputation and employment – Hugh Tomlinson QC

The Privacy Perspective1 Comment

An excellent and highly insightful piece written by Hugh Tomlinson QC on the application of the Article 8 right to privacy and a reconciliation with domestic law.

INFORRM's avatarInforrm's Blog

The Article 8 right to respect for private life has many facets and has often seemed in danger of uncontrolled expansion.  The Court of Human Rights has often noted that private life is “not susceptible to exhaustive definition”, embracing “multiple aspects of the person’s physical and social identity”. 

View original post 1,313 more words

A brief introduction to the concept of privacy under English law – Part III

The Privacy Perspective2 Comments

For context please see Part’s I and II of our analysis.

Eraser Picture

From the hallmark case of Campbell and the development of breach of privacy as an action, it is clear that the integration of privacy as a concept in English law is still in its formative years. In Part III we consider some of the significant cases post-Campbell to date, bringing into relief key issues and developments in privacy law, many of which are ongoing or merit further consideration by the courts. In particular, the broad nature of an individual’s reasonable expectation of privacy becomes clear (covering issues of children’s privacy and biometric data retention) and the degree to which this can be qualified against other rights is explored.

Continue reading →

Citation: Mooting the reformation of Canadian privacy laws

The Privacy PerspectiveLeave a comment

We would like to refer readers to an excellent article from the blog of Michael Geist an authoritative academic from the University of Ottowa, tackling privacy law issues in Canada. The piece considers recent movements by the Canadian Privacy Comissioner in legislative reform and the importance of robust and consistent enforcement of privacy laws.

Continue reading →