law – Page 2 – davelevy.info

An overview of issues with the GDPR

At the BCS legal day, a presentation was made entitled “Key Issues” which they started with a quote from Jan Albrecht MEP (the Rapporteur),

“[The] result is something that makes (as we intended from the beginning) everybody equally unhappy, but at the same time is a huge step forward for all sides involved.

Jan Albrecht MEP”

It is hoped that business opportunity will be created by a harmonisation of regulation across Europe with a goal of improved privacy for its citizens. The harmonisation is constrained by the Restrictions Article, which excludes areas of law from the Regulation and creates nationally authored variances. …

BCS Legal Day

I attended the BCS ISSG Legal day where the priority was the coming General Data Protection Regulation. I believe that the day was held under Chatham House rules, which means that comments cannot be attributed. I prefer to work on more open terms; it allows me to attribute credit to those who have informed me or changed my mind but the notes have been anonymised. The running order has been changed to make the story better and to conform to my preferred priority order, of principles, rights, obligations and enforcement. The day consisted of two presentations, entitled “Key Issues”, “the Data Protection Officer” and one on trends in enforcement. I have written these notes over the last week, and backdated them to the day of occurrence. These are a bit less polemic than my recent articles here, but for various reasons I have been reminded that that’s how they once were; I hope these articles are useful to my more technical readers. Some of the discussions and issues may interest those that follow me for politics. …

The Digital Economy Act (again)

The Digital Economy Act 2010 showed the long term goal of the entertainment industry, they want to criminalise file sharing. At the time, individual acts of copyright infringement were civil acts and the copyright owners had to pursue them through the courts, one at a time. This is expensive, slow, uncertain and most importantly expensive, compared with the cover price of a CD or DVD. The DE Act did that, it also sought to automate the justice system and in order to do that it weakened innocent until proven guilty, by prescribing defences and also placed a charge on going to court to argue not guilty. It really was a shit piece of legislation. However, the Law stated that the costs of surveillance and discovery had to be shared by the copyright owners and the internet service providers. The Courts struck down this part of the Law, (see here … for more) …

What the Courts said about Labour’s Rules

This is what I think happened in the Courts who have I believe let the Labour Party’s members down. …

International pursuit of corruption

Here is a presentation, dated 2011, called Changes in Spanish Anti-bribery Legislation by Rafael Jiménez-Gusi, a Partner of Baker & McKenzie, a Law Firm. It has what is now familiar, the concept of corporate bribery and private bribery. The mitigation acts are interesting, but more so is the unexplored extra-territoriality of Spanish Law and prosecutors. Do you think that Spanish prosecutors can pursue corruption throughout Europe? I also note that bribes are anything of value, that are not socially acceptable. So what’s a big dinner count as? What does a secret job offer count as? …

Surveillance: Lawyer says No

Parliament’s All Party Parliamentary Group on Drones, chaired by Tom Watson MP as received QC’s advice on the legality of British Intelligence’s mass surveillance, reported here in the Guardian and the lawyer says the programmes are probably illegal and that any warrants signed by politicians will be in breach of UK Law, the European Convention on Human Rights (ECHR) and the EU Acquis. Watson points at this article from his blog here. The legal justification is based on RIPA, the Regulation of Investigatory Powers Act and Jemima Stanford QC states that it is not fit for purpose given the changes in technology in the last 10 years. …

Voter Suppression?

The Guardian reports that the electoral commission have announced that they propose to extending proof of identity checks at the polling station from Northern Ireland to the rest of the UK. This has been a while coming. I reviewed Mike Buckley’s Banana Republic UK, in which he argued that, proof of Identity should be presented when voting and/or applying for a postal vote, identity checks should be undertaken when applying for inclusion on the electoral roll & postal votes should be restricted to those who have a need. His arguments also strongly suggest that judicial scrutiny of contested or suspicious results should be easier to start. …

Who watches the Watchmen?

In the continuing story of the NSA and their five eyes attempts to do to the world what the GDR’s Stasi did to East Germany, someone finally asks how did we let GCHQ capture and process the internet traffic of the British people, those using the transatlantic internet cables and using the decryption technology to spy on allies and diplomats engaged in economic talks and treaties. On the 31st October, Julian Huppert MP with cross bench support from Tom Watson MP and Dominic Rabb MP managed to get time in the Westminster Hall committee room to debate Parliament’s oversight of the Intelligence agencies, specifically GCHQ, but let’s not forget our old friends, the burglars at MI5. The debate was broadcast on Parliament TV, and transcribed in Hansard here. Both the Video and Hansard report the debate verbatim, and so if you want to hear what the MPs said, then you’ll have to use those resources. The rest of this article is a personal comment on the meeting. …

Privacy Liberty and security: How will Labour tackle terror?

This was chaired by Jamie Bartlett of Demos, with David Blunkett and Helen Goodman with Nick Pickles of Big Brotherwatch. Jamie Bartlett, who has an interesting publication record at Demos may have been the perfect chair for the meeting.

He opened by looking at Labour’s mixed record, on the positive side introducing the Human Rights Act and on the less positive side, introducing RIPA and extending detention. RIPA is not well understood; but it defines the powers and duties in the issue of search warrants as a result most police searches are now self-authorised. He made the point that once in existence, databases suffer from scope creep and that to some extent the Communications Data Bill is an attempt to legalise actions already taken. …

Capitalism and Creativity…yeah right

I stayed in the Hilton to take part in a fringe event called “The economic contribution and growth potential of the creative industries” with speakers from the CBI, UK Music and UKIE. The meeting was planned to be chaired by Tom Watson, but Sion Simon stood in for him.

Matt Fell from the CBI’s competitive markets division spoke first. He started by pointing out the bleeding obvious that creative is becoming digital; except it’s not! Most musicians make more money performing than they do through licensing their content. It’s industrial music and its parasitical lawyers, agents and accountants, and now it would seem commentators, lobbyists and analysts that need copyright and the corporate industrial cocoons. He also stated that there was a lack of government backing, absolutely look at the coalition’s abolition of the British Film Council and he called for strong intellectual property laws. I wanted to ask how they could be stronger! …