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Time for surveillance transparency


Today the three heads of Britain's intelligence agencies appear infront of Parliament's Intelligence and Security Committee in a televised hearing, the first time for such a hearing to be broadcast. Progress, yes, but let's not get ahead of ourselves - the head of the CIA first appeared on TV speaking to congress in 1975, so it's hardly a revolution in oversight. Today we have published new polling by

GCHQ faces legal action over mass surveillance


Today Big Brother Watch, working with the Open Rights Group, English PEN and German internet activist Constanze Kurz, has announced legal papers have been filed alleging that GCHQ has illegally intruded on the privacy of millions of British and European citizens. We allege that by collecting vast amounts of data leaving or entering the UK, including the content of emails and social media messages, the UK’s spy

Patients win choice of sharing medical records


Earlier this year, we led the concern that a new NHS data sharing plan would see every patient's medical records uploaded to a new information system without the right to opt-out. We warned at the time that patient records would be out of patient control. On Friday, the Secretary of State confirmed that this will not be the case. We have worked closely with MedConfidential and Privacy International to ensure

Boom in private investigators risks avoiding surveillance regulation


Our latest report highlights the growing use of private investigators by local and public authorities, particularly the number of times they are used without RIPA authorisation. The law in the UK, particularly the Police and Criminal Evidence Act 1984, is broadly drawn to allow evidence to be introduced in court that in other jurisdictions would not be deemed admissible. Contrasted with the fruit of the poisonous

Databases

EU DNA Database Back on the Agenda

Posted on by Dan Nesbitt Posted in Data Protection, Databases, DNA database, Europe, International | 1 Comment

dna-3Following Monday night’s confused debate on EU Justice and Home Affairs powers it has been revealed that the Government is embarking upon a scheme that would give European states limited access to the UK DNA database and potentially pave the way to a linking of the UK and EU databases.

This is a worrying development, made more so by the fact that, as the Financial Times reported, the move seems to have been made to appease certain member states who were concerned about the UK’s withdrawal from other EU police schemes.

It is disappointing that after sticking to their promise to stay out of the wider Prüm Convention, the Government seems to be getting close to implementing it in all but name, prioritising the wishes of other states over the safety of its own citizens.

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Another Day another Data Breach

Posted on by Dan Nesbitt Posted in Data Protection, Databases, Medical Records, NHS, Privacy | 1 Comment

3797160719_337b4742e7_bIn what is becoming an ever more regular occurrence for the NHS, it has been reported that the East Midlands Ambulance Service has lost a disk containing the notes of 42,000 patients’ who had been treated by paramedics in the last few months.

This incident once again underlines the dangers of organisations holding increasing amounts of personal information about individuals both electronically or in paper format. It seems obvious that the greater the amount of information that is held in one place, the more likely it is to go missing, either by accident or as the result of a deliberate breach. Indeed, just last week Kent Social Care Professionals unintentionally sent out an email containing the names, addresses and phone numbers of 120 elderly and vulnerable individuals to nearly 200 people.

Accidental leaks such as this make the need for proper data protection training amongst staff painfully apparent. If an organisation knows that it is going to hold large amounts of personal information, about staff or customers, it should ensure that its employees know their responsibilities under the Data Protection Act 1998 (DPA). Of course this cannot help to stop those who wish to purposely breach data protection law. This can only be achieved by improving the sanctions that are available to punish those who seek to misuse personal information.

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Another Group backs the end of the Edited Register

Posted on by Dan Nesbitt Posted in Councils, Data Protection, Databases, Marketing, Privacy | 3 Comments

mail_splashThe Edited Electoral Register (EER) has come under fire in the past few weeks, with a series of reports indicating that the Register is proving to be more trouble than it is worth.  To add fuel to the fire,  the Local Government Association (LGA) has called for the sale of the EER to be stopped and the register itself to be scrapped.

Councillor Peter Fleming, Chair of the LGA’s Improvement Board  has hit the nail on the head with what is wrong with the EER, arguing that  councils resent having to pass “the electoral roll onto direct marketing companies”, continuing that “it demeans our democracy for the voters’ details to be sold off to help direct marketing companies make money.”

Indeed, one of the main problems with the EER is that it is of benefit to no one but the very marketing companies that purchase the data. In fact it is especially troublesome for residents who find themselves being deluged with junk mail due to their councils being forced to sell it on.

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Traffic Enforcement: Over-Zealous and Heavy-Handed

Posted on by Dan Nesbitt Posted in ANPR, CCTV, CCTV cars, Councils, Data Protection, Databases | 3 Comments

Image20A single case has managed to combine all that is worrying about the way in which local councils carry out traffic enforcement. The story, reported in the Daily Mail, showed that after being caught on CCTV a driver was subsequently tracked down by bailiffs using a combination of mobile Automatic Number Plate Recognition (ANPR) and their access to the DVLA database.

The use of CCTV for handing out traffic fines is something that has raised concerns from a number of sources, for example Eric Pickles, Secretary of State for Communities and Local Government, who accused councils of “bending the law as a means of filling their coffers with taxpayers’ cash.”  The Surveillance Camera Commissioner (SCC) also published guidance on this practice, stating that cameras should only be used “when other means of enforcement are not practical”.

Research by Big Brother Watch (PDF) has highlighted that the use of static CCTV to tackle parking and traffic violations has proved lucrative for local councils, bringing in over £179m in 5 years. This reinforces Eric Pickles’ concerns that CCTV cameras are in fact being used to raise revenues, rather than actually improve traffic conditions.

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Yet another Government Database Mooted

Posted on by Dan Nesbitt Posted in Data Protection, Databases, Information Commissioner | 1 Comment

serversEven plans made with the best of intentions can go awry. In a speech made last week, Mark Hoban, a former Minister of State for Work and Pensions, floated the idea of combining previously separate personal financial information into a single database.

Mr Hoban argued that “It would be great if we could use the Retirement Saver Service to store data on their savings, pensions – state and private – and housing”. The idea is that it would give individuals a clearer idea of their current savings situation as well as helping to signpost any necessary action they would need to take in the future.

At the moment the regulatory framework simply isn’t good enough to ensure that another new database would be secure. The sanctions that are available for punishing those who misuse personal information and break the Data Protection Act 1998 are almost non-existent. At present the most any breach will receive is a fine, there is no option for a court to hand down a custodial sentence. When compared to the financial gains that can be made through selling the information on, a, usually small, fine cannot be considered to be an effective deterrent.

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What could possibly go wrong with an EU-wide DNA database?

Posted on by Emma Carr Posted in Databases, DNA database, Europe, European Arrest Warrant, Extradition | 3 Comments

dna-3Over the weekend you may have read about the Government’s plans for more policing powers to be transferred over to the EU, including the prospect of the UK joining a Europe-wide DNA database. Considering a debate is planned for Thursday on the current set of Justice and Home Affairs opt-outs, these plans seem absurdly premature.

You can read our briefing note on the reported plans and our concerns about the problems with the current system here.

There are some fundamental problems with the UK’s DNA database (DNAD) that need urgently addressing before the Government even thinks about allowing EU Member States to have direct access to the data. These problems are outlined in our 2012 report (pdf), which was published following the reforms made by the Protection of Freedoms Act 2012.

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Care.data delay is not the end of the issue

Posted on by Big Brother Watch Posted in Databases, Information Commissioner, NHS | 7 Comments

Times_caredataIn a campaign victory for Big Brother Watch, medconfidential and others, the care.data scheme has been delayed for six months.

This is not the end of the issue. We have significant ongoing concerns regarding the care.data scheme, both in terms of how patients have been told about what is happening and the long term privacy implications of creating a new database and releasing data that could be used to re-identify patients.

We welcome the fact that NHS England has recognised its efforts to communicate the scheme have been inadequate, something we have repeatedly warned about, not least the use of a junk mail leaflet to households that did not mention any of the risks involved.

Simply, however, NHS England had one job – to ensure patients and GPs were properly aware of the scheme and could make an informed choice about participation. Despite more than a year to achieve this, they have totally failed to do so. NHS England has serious questions to ask about its strategy that has tried to railroad through a significant change in how our medical records are used.

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Care.data – rhetoric is easy but the reality is not so simple

Posted on by Big Brother Watch Posted in Databases, Information Commissioner, Medical Records, NHS | 2 Comments

3797160719_337b4742e7_bToday two articles have appeared on care.data, with are worthy of a few comments.

Firstly, George Freeman MP writes in the Telegraph:

“We must do everything to ensure a robust regime that will protect data from hacking and from any potential misuse. But at the same time, we must not block life-saving advances.”

As we have repeatedly pointed out, the Data Protection Regime is woefully inadequate and those who committ a criminal offence under Section 55 of the DPA cannot be sent to prison, merely fined. Mr Freeman does not suggest this should change, as we have repeatedly called for.

Equally, Mr Freeman writes: “we need to move health from being something done to you by government to something citizens take responsibility for themselves”

Interestingly, Mr Freeman also has his own legislation on this topic – the Patient Data Bill. The first two principles the bill states are:

(2) The Ownership Principle is that patients own their medical data.
(3) The Control Principle is that patients have the right to access their medical data and to control its use (including the right to share it for research or other purposes).

Yet care.data does neither of those things – quite the opposite. If you believe in people controlling their records, pulling them into a central database purely on the back of a junk mailing is hardly making patient ownership and control a reality.

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Police staff forced to quit after snooping on familes and lovers

Posted on by Emma Carr Posted in Data Protection, Databases, Police | 2 Comments

keyboardFrom passing on incorrect information to snooping on friends, a number of shocking data protection breaches in police forces have been uncovered. With hundreds of incidents every year it is time to start asking whether it is too easy for police databases to be abused to snoop on innocent people.

Big Brother Watch has long been concerned about the number of data breaches occurring within police forces. In 2011, we published the report ‘Police Databases: How More Than 900 Staff Abused Their Access’. The report highlighted a shocking number of data protection breaches and the subsequent limited number of punishments that were handed out. We also commented on the recent case of a police officer being charged with stealing thousands of accident victims’ details from her police force’s computer to sell to law firms.

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Paper on security and privacy for the ISC

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, Databases, GCHQ, Information Commissioner, Legal Action, Mastering the Internet, Online privacy, Technology, Terrorism Legislation, United States | Leave a comment

Big Brother Watch was invited to submit a paper to the Intelligence and Security Committee of Parliament, relating to it’s inquiry into the balance between security and privacy.BNUARLICcAAiyCZ.jpg large

You can now read our submission below.

EXECUTIVE SUMMARY

In a Democratic society, some secrecy is tolerated, as are some intrusions upon liberty and privacy, provided the legal framework is transparency, the oversight mechanisms robust and the overall sacrifices of liberty made with an appropriate level of understanding.

Recent revelations have made clear the scale of intrusion on our privacy in the name of security, enabled by an explosion in digital communications and the computing resources available to the state.

Ministers have assured the public no central database of internet communications would be created. We now know it existed already. Parliament and the public were not informed by Ministers, the Intelligence and Security Committee or the Commissioners.

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