[ORG PM] ORG policy update 08 December 2017

Alex Haydock alex.haydock at openrightsgroup.org
Fri Dec 8 16:55:36 GMT 2017 

https://wiki.openrightsgroup.org/wiki/ORG_policy_update/2017-w49


  ORG policy update/2017-w49

------------------------------------------------------------------------

This is ORG's Policy Update for the week beginning 04/12/2017.

If you are reading this online, you can also subscribe to the email
version or unsubscribe
<https://lists.openrightsgroup.org/listinfo/parliamentary.monitor>.


    ORG’s work

  * ORG have begun to prepare briefings for peers in the House of Lords
    for the upcoming Report Stage of the Data Protection Bill (see below).
  * ORG is running a petition against the Government’s proposals to
    criminalise repeated viewing of online terrorist propaganda and
    compelling internet companies to police their own networks. Sign the
    petition here!
    <https://action.openrightsgroup.org/censorship-and-control-are-not-answer-extremism>
  * In case you couldn’t come to ORGCon, you can now watch the talks
    online! Have a look at our YouTube channel
    <https://www.youtube.com/watch?v=f6VTrBpE_kA&list=PLY9gENnF8uiXdeFQtEA-Ge0pd7DtAsx4T>.

Planned local group events:

  * ORG Birmingham
    <https://www.meetup.com/ORG-Birmingham/events/244943786/> are
    hosting an introduction to the Indieweb on Monday 11 December. Tired
    of Twitter? Fed up with Facebook? Miss the variety and quirkiness of
    the open web? Be the change you want to see in the world by visiting
    their introduction to the Indieweb!
  * ORG London <https://www.meetup.com/ORG-London/events/243071922/> are
    hosting a presentation on the 'Cryptobar' installation on Tuesday 12
    December. Cryptobar is a project aimed at spreading the word about
    privacy (and privacy-enhacing technologies) in an artistic and
    accessible way.


    Official meetings

  * Jim Killock gave a lecture on the "Nothing to Hide, Nothing to Fear"
    argument to students at Arcadia University.
  * Myles Jackman and Alex Haydock attended a Court of Appeal hearing on
    Friday 8 December to hear progress in the Davis/Watson case against
    DRIPA.
  * Jim Killock spoke at 89up's Assemble event about the benefits that
    GDPR will give campaigners.
  * Myles Jackman and Alex Haydock met with David Allen Green to discuss
    progress in the Cartier
    <https://wiki.openrightsgroup.org/wiki/Cartier> case.
  * ORG Staff attended a preview screening of forthcoming film The Post
    <http://www.imdb.com/title/tt6294822/>.


    UK Parliament


      Joint Committee on Human Rights publishes note about Data
      Protection Bill

On 6 December, the Deputy Counsel to the Joint Committee on Human Rights
published a note
<https://www.parliament.uk/documents/joint-committees/human-rights/correspondence/2017-19/Note_Deputy_Counsel_DPBill.pdf>
about the human rights implications of the Data Protection Bill.
Crucially, among the key considerations they highlight for the Committee
to consider are a number of issues of interest to ORG.

Article 80(2) amendments were debated two weeks ago, which would allow
consumer groups like the Open Rights Group to take independent action
against entities who have been abusing data protection law. In their
note, the Counsel addresses Article 80(2), noting that the Committee:

    may wish to consider whether the Government's ommission of Article
    80(2) may diminish the protection of privacy rights and, if so,
    whether civil society organisations ought to be empowered to bring
    complains and seek effective remedies in the public interest.

The Committee also considered the proposed exemption to data protection
which would remove all rights to personal data when disclosure would
prejudice “effective immigration controls". Such an exemption has never
existed before. Requests for information under data protection (subject
access requests) are an integral part of most immigration cases, and
will be critical for anyone going through an immigration process in the
future, such as the three million EU citizens resident in the UK. The
document notes that the Committee:

    may wish to consider whether an exemption for effective immigration
    control is necessary and proportionate given the broad reach this
    exemption would have. The Committee may wish to make further
    enquiries of the Government as to the justification for this exemption.

*Report sittings on the Data Protection Bill will be held in the House
of Lords on 11 December, 13 December, and 11 January.* The most recent
amendments submitted for the Bill's report stage can be found here
<https://publications.parliament.uk/pa/bills/lbill/2017-2019/0074/18074-I.pdf>.
The Bill's third reading will be held on 17 January.


      ICO publishes Lords' briefing on Data Protection Bill

In preparation for the upcoming Report stage of the Data Protection
Bill, the ICO have published a briefing for the House of Lords raising
many of the same issues for consideration as the report published by the
Joint Committee on Human Rights.

The briefing refers to the immigration exemption, noting:

    This exemption could potentially render personal data unobtainable
    to the data subject and this could be detrimental to individuals who
    are appealing asylum decisions for example. If the exemption is
    applied, individuals will not be able to access their personal data
    to identify any factual inaccuracies and it will mean that the
    system lacks transparency and is fundamentally unfair.

The ICO also makes reference to Article 80(2), noting that they support
the amendment, which would give civil interest groups like ORG the right
to seek redress on behalf of data subjects without needing to be
directly instructed by them:

    As was highlighted in the Committee Stage debate, there are
    circumstances where data subjects may not necessarily be aware of
    what data about them is held by organisations, and more importantly
    what is being done with it. In such instances data subjects could
    not be expected to know whether and how they could exercise their
    rights under data protection law. Furthermore, in the context of
    wider discussion of the Bill and children’s rights, the relevance of
    this point is of particular importance where young and vulnerable
    data subjects are involved – these groups being less likely to have
    the means and capability to exercise their rights on their own
    behalf. The Commissioner continues to support the derogation at
    Article 80(2) being exercised to provide representative bodies with
    this right of action.


    Other national developments


      David Anderson QC publishes report into MI5/Police
      intelligence-handling reviews

This week, the Home Secretary published a report by David Anderson QC
into the internal reviews conducted by the Police and by MI5, concerning
their handling of intelligence data prior to this year's terrorist
attacks at Westminster, Manchester Arena, London Bridge and Finsbury Park.

The full report and accompanying press release can be accessed here
<https://www.daqc.co.uk/2017/12/05/report-mi5-police-intelligence-handling-reviews/>.



      Court of Appeal Hearing in Davis/Watson case against DRIPA

The Data Retention and Investigatory Powers Act 2014 (DRIPA) was the
predecessor to the Investigatory Powers Act 2016 and has been subject to
a legal challenge since June 2015, brought by MPs David Davis and Tom
Watson.

The High Court held in 2015 that portions of the DRIPA legislation were
unlawful. The case then progressed to the Court of Appeal, which began
hearing the Home Secretary's appeal in 2015.

Since that time, the European Court of Justice delivered a judgment (in
Joined Cases C203/15 and C698/15), which supported the High Court's
position that DRIPA was unlawful. The DRIPA legislation expired at the
end of December 2016.

Despite the above, the Court of Appeal case continues, as it revolves
around points of law which are relevant to the Investigatory Powers Act,
into Part 4 of which were incorporated many of the provisions of DRIPA,
including some which were under dispute.

On Friday 8, a Court of Appeal took place to hear some final arguments
in the Davis/Watson case. The court is expected to deliver a judgment
soon and may choose to affirm the position of the CJEU, which would be a
victory for ORG.


    Europe


      EU regulators threaten court challenge to EU-U.S. data transfer pact

Article 29 Data Protection Working Party
<https://wiki.openrightsgroup.org/wiki/Article_29_Data_Protection_Working_Party>
adopted an opinion on the review of Privacy Shield
<https://www.huntonprivacyblog.com/wp-content/uploads/sites/18/2017/12/WP-29-Privacy-Shield-Opinion.pdf>
agreement this week. Privacy Shield framework enables cross-border data
transfers between EU and the US in compliance with EU data protection
rules.

Article 29 is an advisory body made up of each Member State’s data
protection authority representative. They were tasked with a review of
the Privacy Shield framework after one year of being in place since it
replaced the Safe Harbour agreement.

In their opinion, the Working Party 29 has identified a number of
significant concerns
<https://www.reuters.com/article/us-eu-dataprotection-usa/eu-regulators-threaten-court-challenge-to-eu-u-s-data-transfer-pact-idUSKBN1E01DP>
that need to be addressed by both the European Commission and the US
authorities. These include the appointment of an independent
Ombudsperson and members of Privacy and Civil Liberties Oversight Board
in the US. They note that the appointments need to be in place by 25 May
2018 (date when the General Data Protection Regulation comes into force).

Further concerns raised by the WP29 include:

  * Lack of guidance for the companies adhering to the Privacy Shield
  * Lack of clear and easily available information for EU individuals
  * Lack of oversight and supervision of compliance with the Principles
  * Application of the Privacy Shield to data processors established in
    the US
  * Lack of legal guarantees for automated profiling/decision making
  * Self-Certification process and cooperation between US authorities in
    the Privacy Shield mechanism

The data protection authorities expect these concerns to be resolved by
Autumn 2018. If the EU and the US fail to do so, Article 29:

    ”will take appropriate action, including bringing the Privacy Shield
    Adequacy decision to national courts for them to make a reference to
    the CJEU for a preliminary ruling.”


    ORG media coverage

/See ORG Press Coverage
<https://wiki.openrightsgroup.org/wiki/ORG_Press_Coverage> for full
details./

2017-12-04-Business Insider-The UK's privacy watchdog is 'making
enquiries' after MPs said they hand out passwords to staff
<http://uk.businessinsider.com/ico-making-enquiries-mps-parliament-sharing-email-passwords-staff-2017-12>
    Author: Shona Ghosh
    Summary: Jim Killock quoted in a story about possible data
    protection breaches by MPs sharing Parliamaentary logins.
    Topics: Data protection
    <https://wiki.openrightsgroup.org/wiki/Data_protection>, Privacy
    <https://wiki.openrightsgroup.org/wiki/Privacy>
2017-12-04-BBC News-MP Nadine Dorries defends 'shared password' tweet
<http://www.bbc.co.uk/news/uk-politics-42216622>
    Author: BBC News
    Summary: Jim Killock quoted in a story about possible data
    protection breaches by MPs sharing Parliamaentary logins.
    Topics: Data protection
    <https://wiki.openrightsgroup.org/wiki/Data_protection>, Privacy
    <https://wiki.openrightsgroup.org/wiki/Privacy>
2017-12-05-The National-Data privacy regulator warns MPs over sharing
computer logins
<http://www.thenational.scot/news/15701477.Data_privacy_regulator_warns_MPs_over_sharing_computer_logins/>
    Author: Gregor Young
    Summary: Jim Killock quoted in a story about possible data
    protection breaches by MPs sharing Parliamentary logins.
    Topics: Data protection
    <https://wiki.openrightsgroup.org/wiki/Data_protection>, Privacy
    <https://wiki.openrightsgroup.org/wiki/Privacy>
2017-12-07-Gizmodo-Campaigners Are Asking the Government Not to Strip EU
Citizens of Their Digital Rights
<http://www.gizmodo.co.uk/2017/12/campaigners-are-asking-the-government-not-to-strip-eu-citizens-of-their-digital-rights/>
    Author: Tom Pritchard
    Summary: Jim Killock quoted in a story about the proposed
    immigration exemption to the forthcoming Data Protection Bill.
    Topics: Data protection
    <https://wiki.openrightsgroup.org/wiki/Data_protection>, Privacy
    <https://wiki.openrightsgroup.org/wiki/Privacy>


    ORG Contact Details

Staff page <https://www.openrightsgroup.org/people/staff>

  * Jim Killock, Executive Director
    <https://www.openrightsgroup.org/people/staff#jim>
  * Javier Ruiz, Policy Director
    <https://www.openrightsgroup.org/people/staff#javier>
  * Ed Johnson-Williams, Campaigns
    <https://www.openrightsgroup.org/people/staff#ed>
  * Lee Maguire, Tech <https://www.openrightsgroup.org/people/staff#lee>
  * Myles Jackman, Legal Director
    <https://www.openrightsgroup.org/people/staff#myles>
  * Alex Haydock, Legal Intern
    <https://www.openrightsgroup.org/people/staff#alex>
  * Matthew Rice, Scotland Director
    <https://www.openrightsgroup.org/people/staff#matthew>
  * Slavka Bielikova, Policy Officer
    <https://www.openrightsgroup.org/people/staff#slavka>
  * Mike Morel, Campaigner
    <https://www.openrightsgroup.org/people/staff#mike>
  * Caitlin Bishop, Campaigns Communication Officer
    <https://www.openrightsgroup.org/people/staff#caitlin>

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