What the CoFoE thinks about citizen privacy

What the CoFoE thinks about citizen privacy

The Conference on the Future of Europe, Democracy and Rule of Law panel has generated 39 recommendations to improve the EU’s Democracy and compliance with the Rule of Law. Three of these related to Privacy and one to Cybersecurity. I have drafted a response for CTOE, which I hope will become part of their response but did not form part of their first response, which is fortunate since I changed my mind slightly. The article, overleaf, covers regulations and sanctions, equality of arms, and enforcement and political will. ...

On Cyber-security

On Cyber-security

I posted a note on cyber security on my linkedin blog. I post some pointers on the standards and controls needed to defend against a cyberattack and implement “adequate technical and organisational” protection. It looks and links at the NIST cyber-security framework and lists some of the necesary controls to implement a reasonable defence and prove “adequate technical and organisational” controls. If you do what I suggest badly, you might get away with it, if you do it well, you might stop and or recover from attacks.  …

Privacy Regulation

Privacy Regulation

I wrote a little piece on my linkedin blog on the EU Commission’s proposal to agree a data “adequacy” agreement. I point out the next set of hurdles, although I downplay the likelihood of any intervention by the CJEU but note that not was critical in striking down the original EU/US “Safe Harbour” agreement. I note that one threat to its renewal at the end of its four year live is the desire and plans of the British Govt to depart from the current legal protections which are based on the EU’s GDPR.

Issues of state surveillance, the European Council’s Convention 108 and the Human Rights act are all engaged. We’ll probably get it, but for it to be renewed, we’ll have to remain aligned with the GDPR & C108. The right to seek judicial redress by EU citizens may become important as it is a point of contention between the EU & US over the Privacy Shield.

One indicator of a desire for divergence is the advert for the role of Information Commissioner, which asks for,

The Government’s National Data Strategy sets out its ambition for the UK’s pro-growth and trusted data regime, one that helps innovators and entrepreneurs to use data responsibly and securely, without undue regulatory uncertainty or risk, …

cabinetoffice.gov.uk

This has been picked up by the Open Rights Group, who are asking people to write to their MPs, we need an independent Privacy Regulator.

The retreat from the promise of the GDPR is not just a UK phenomenon, across Europe pro-business politicians are beginning to say that it’s too onerous. It’s a shame we’re out, our voices no longer count …

Whatsapp?

Whatsapp?

I am a bit confused over the whatsapp privacy update furore. Whatsapp say it’s only about business correspondence, Alec Muffet agrees, and so does the Independent Schneier thinks it’s a bad thing, and points at Nick Slatt’s article which adds to my confusion by pointing out that early users of whatsapp had the opportunity to deny Facsebook access to their data and that European users are managed under a different policy to ensure Facebook’s compliance with the GDPR. I am an early user and so they shouldn’t be mining my address book however they maybe doing so for my correspondents, particularly any US correspondents. However, I wonder if they or Facebook still consider the UK regime as equivalent to that of European Union, the Independent article confirms it does. I don’t consider the update notice to be a collection of consent that is freely given nor ‘informed’, as the future purpose is not clear, at least not to me but I may not have to worry yet. The problem is Facebook, both the company and the service, if we’re serious about our privacy, we’d stop using it but until then they can obey the law. …

Bosses & CCTV

I wrote a piece on my linkedin blog called, “Reusing CCTV in employee relations“. I rang the ICO and was told that employers can reuse CCTV, “if they come across something they cannot reasonably ignore”. The linkedin article looks at the ramifications of this and points to the ICO document, “the employment practices code“, which states that cameras may not be covert and may not be used for general monitoring. …

A first domino?

Carol Cadwalladr and others are speculating that the US Federal Trade Commission plan to fine Facebook $5bn for its privacy law breaches. This is reported today in the New York Times, in an article, Facebook Expects to Be Fined Up to $5 Billion by F.T.C. Over Privacy Issues. This documents the breaches which focus on Cambridge Analytica and the Brexit time span and the laws. $5bn is a lot, the EU only fined Google €1.5bn. I posted the NYT article on Facebook with the following comment.

But he still won’t come to the UK to testify to the DCMS select committee, although I have sympathy with the argument that if we aren’t investigating our citizens who have broken the law, why should he put himself at the front of the queue.

 …

Do the right thing!

A new linkedin blog by me on the fine print of the GDPR’s “legitimate interest”. The print is not so fine, and in summary, you don’t need to read the fine print to do the right thing.

When claiming a legitimate interest, the privacy rights of data subjects are established as controlling the data processor/controller’s legitimate interest by the requirement to recognise the “fundamental rights and freedoms” of the data subject. The “fundamental rights and freedoms” are defined in the Charter of Fundamental Rights

Due to indirection and thus undocumented nature of the data subject’s consent inherent in legitimate interest, I’d advise finding another lawful purpose. …