[ORG PM] ORG policy update - 28 July 2017
Slavka Bielikova
policy.monitoring at openrightsgroup.org
Fri Jul 28 12:31:16 BST 2017
https://wiki.openrightsgroup.org/wiki/ORG_policy_update/2017-w30
ORG policy update/2017-w30
This is ORG's Policy Update for the week beginning 24/07/2017.
If you are reading this online, you can also subscribe to the email
version or unsubscribe
<https://lists.openrightsgroup.org/listinfo/parliamentary.monitor>.
This is the last policy update before a short summer break. We will be
back in September with the latest info on digital rights. Enjoy the summer!
ORG’s work
Planned local group events:
* Join ORG Cambridge
<https://www.meetup.com/ORG-Cambridge/events/241315668/?rv=ea2&_af=event&_af_eid=241315668&https=on> on
1 August for their monthly meetup to discuss the current state of
digital rights, what they've done in the past month, and what they
are planning to do in the upcoming months.
Official meetings
* Jim Killock and Pam Cowburn attended meetings with Ofcom and Sky
regarding the ORG’s project Blocked
<https://www.blocked.org.uk/> which provides a tool for people to
check whether their website is being blocked by the main UK ISPs.
They also discussed net neutrality.
* Myles Jackman and Jim Killock attended a meeting with TelevisionX
regarding the new age verification policy.
* Myles Jackman attended meetings with potential age-verification
technology providers Verime and AVSecure.
National developments
Drone owners will have to prove they understand privacy rules
The Department for Transport announced
<https://www.politicshome.com/news/uk/news/87757/drone-licensing-scheme-be-launched> that
they will launch a scheme to implement a drone registration scheme.
Drone owners will have to demonstrate that they understand UK safety,
security and privacy regulations. At the moment, drones can be bought
easily on the high street and are regulated only in a limited capacity.
The UK Civil Aviation Authority <http://dronesafe.uk/> issued guidance
for people to ensure they operate their drones safely.
The Department also said that there is no timeframe yet for the
implementation of the rules.
Lord Callanan, the Aviation Minister, said
”Our measures prioritise protecting the public while maximising the
full potential of drones. Increasingly, drones are proving vital for
inspecting transport infrastructure for repair or aiding police and
fire services in search and rescue operations, even helping to save
lives.”
Europe
CJEU finds EU-Canada PNR agreement breaching the law
The European Court of Justice
<https://wiki.openrightsgroup.org/wiki/European_Court_of_Justice> (CJEU)
published a judgment on the EU-Canada agreement
<http://curia.europa.eu/juris/document/document.jsf?text=&docid=193216&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=565172> regarding
the sharing of air travellers’ data. The ruling declared the Passenger
Name Records agreement in breach of the European law.
The Court said that parts of the deal between Canada and EU
”do not meet requirements stemming from the fundamental rights of
the European Union”.
The Court continued that the deal cannot be concluded in its current
form <https://euobserver.com/justice/138621> unless it specifies what
kinds of sensitive data could be shared and restricts automated analysis
of information. The CJEU also found it troublesome that Canada would be
able to keep the data for up to five years and share it with non-EU
countries.
CJEU called for the agreement to:
* determine in a more clear and precise manner certain of the PNR data
to be transferred;
* provide that the models and criteria used for the automated
processing of PNR data will be specific, reliable and
non-discriminatory;
* provide that the databases used will be limited to those used by
Canada in relation to the fight against terrorism and serious
transnational crime;
* provide that PNR data may be disclosed by the Canadian authorities
to the government authorities of a non-EU country only if there is
an agreement between the European Union and that country equivalent
to the envisaged agreement or a decision of the European Commission
in that field;
* provide for a right to individual notification for air passengers in
the event of use of PNR data concerning them during their stay in
Canada and after their departure from that country, and in the event
of disclosure of that data to other authorities or to individuals;
* guarantee that the oversight of the rules relating to the protection
of air passengers with regard to the processing of their PNR data is
carried out by an independent supervisory authority.
EU-Canada PNR agreement was sealed in 2014 but has not come into force yet.
This judgment will have implications for the UK after it leaves the EU
if the UK’s laws do not sufficiently uphold privacy rights of EU
citizens. Privacy and data protection rights are likely to be put under
intense scrutiny.
Jim Killock said:
“Any future trade agreement between the UK and EU would be subject
to the same stringent requirements. Given the UK’s mass surveillance
laws and indiscriminate data retention, any trade agreement for
digital, communications and even banking and insurance businesses,
could look very fragile indeed.”
International developments
Russia passes laws on online censorship
The Russian Parliament approved two laws
<https://rsf.org/en/news/russian-parliament-certifies-free-internets-death> that
will respectively ban software that makes circumvention of online
censorship possible and will control search engines and messaging apps.
One of the laws will make it mandatory for the websites that circumvent
website blocking, such as VPNs, proxy servers or Tor network, to block
websites that are blocked in Russia. If they fail to comply, they will
become inaccessible in Russia. Additionally, search engines will not be
allowed to list the blocked websites in their results.
The other law passed by the Russian parliamentarians will require the
identification of users of messaging services (WhatsApp, Telegram, etc.)
through their phone numbers in order to allow authorities to block
certain users or messages.
Both laws are now expected to be approved by the upper chamber and
signed off by the President Vladimir Putin. The law applying to the
websites circumventing online censorship will come into effect on 1
November. The law applying to messaging services will follow on 1
January 2018.
Implementation of the new rules will face major technological
challenges. It is not clear how Russian government wants to compel
international companies to abide by their rules and enforce them.
UK Parliament questions
Question on ID cards
Lord Campbell-Savours asked
<https://www.theyworkforyou.com/lords/?id=2017-07-20a.1731.9&s=%28internet+OR+cyber+OR+computer+OR+web+OR+surveillance+OR+copywrite+OR+%22data+sharing%22%29#g1733.4> the
Government, whether they have considered the introduction of ID cards as
a contribution to the maintenance of security in the UK.
Baroness Williams responded that the Government have considered the ID
cards scheme and concluded that they would not significantly contribute
to the maintenance of security in the UK.
Question on citizens’ rights and browsing history
Chi Onwurah MP
<https://wiki.openrightsgroup.org/wiki/Chi_Onwurah_MP> asked
<https://www.theyworkforyou.com/wrans/?id=2017-07-17.5300.h&s=%28internet+OR+cyber+OR+computer+OR+web+OR+surveillance+OR+copywrite+OR+%22data+sharing%22%29> the
Secretary of State for Digital, Culture, Media and Sport, what is the
Government’s policy on the citizens’ rights to receive their browsing
history as part of requests for data held on them by organisations.
Matthew Hancock MP
<https://wiki.openrightsgroup.org/wiki/Matthew_Hancock_MP> responded
that consumer’s rights regarding the collection, processing and
disclosure of their personal data are governed by the Data Protection
Act 1998
<https://wiki.openrightsgroup.org/wiki/Data_Protection_Act_1998>. Under
Section 7 of the DPA, an individual can request a copy of the
information which an organisation holds about them.
Question on the EU IPO
Lord Lester asked
<https://www.theyworkforyou.com/wrans/?id=2017-07-10.HL626.h&s=%22intellectual+property%22#gHL626.r0> the
Government, what is their assessment of the benefits and costs to the UK
membership of the EU Intellectual Property Office.
Lord Prior responded that the Government is currently undertaking a
rigorous analysis to inform their position for the upcoming
negotiations. The analysis includes intellectual property. Lord Prior
declined to comment in more detail as the UK’s future relationship with
the EU IPO will be discussed later in the negotiations.
Question on spyware and covert data capturing
Liz Saville-Roberts asked
<https://www.theyworkforyou.com/wrans/?id=2017-07-12.4487.h&s=Electronic+Surveillance> the
Secretary of State for Digital, Culture, Media and Sport, what the
Government’s policy is on installing spyware or a webcam or any other
device capable of capturing data covertly on another person's property
or digital device without the user's agreement or without legal sanction
in England and Wales.
Matthew Hancock MP
<https://wiki.openrightsgroup.org/wiki/Matthew_Hancock_MP> responded
that the CCTV code of practice issued by the Information Commissioner’s
Office provides guidance on how to comply with the Data Protection Act 1998.
Question on the Digital Charter
Chi Onwurah MP
<https://wiki.openrightsgroup.org/wiki/Chi_Onwurah_MP> asked
<https://www.theyworkforyou.com/wrans/?id=2017-07-17.5307.h&s=Digital+Government#g5307.q0> the
Secretary of State for Digital, Culture, Media and Sport, when the
Government intends to publish their proposals for the Digital Charter
and the Data Protection Bill.
Matthew Hancock MP
<https://wiki.openrightsgroup.org/wiki/Matthew_Hancock_MP> responded
that they will introduce both during the current parliamentary session.
Question on ENISA
Lord Lester asked
<https://www.theyworkforyou.com/wrans/?id=2017-07-10.HL630.h&s=cyber#gHL630.r0> the
Government, what is their assessment of the benefits and costs to the UK
membership of the European Network and Information Security Agency.
Lord Ashton responded that the UK contributes to the budget as a whole,
not to individual agencies.
Liz Saville-Roberts asked
<https://www.theyworkforyou.com/wrans/?id=2017-07-17.5203.h&s=Information+Commissioner+ICO#g5203.r0> the
Secretary of State for Digital, Culture, Media and Sport, what steps the
Department has been taking to ensure that employers are aware that they
cannot monitor employees’ social media accounts covertly unless it is
part of a lawful investigation in England and Wales.
Matthew Hancock MP
<https://wiki.openrightsgroup.org/wiki/Matthew_Hancock_MP> responded
that the Information Commissioner is the responsible independent
authority for administering and enforcing information rights. They also
provide guidance to employers on data protection.
Question on data held by local authorities
Chi Onwurah MP
<https://wiki.openrightsgroup.org/wiki/Chi_Onwurah_MP> asked
<https://www.theyworkforyou.com/wrans/?id=2017-07-17.5299.h&s=%22data+protection%22#g5299.r0> the
Secretary of State for Communities and Local Government, whether the
Department has made an assessment of the capacity of local authorities
to provide citizens with all the data authorities hold on them.
Jake Berry responded that has not made any such assessment.
Question on electronic surveillance
Liz Saville-Roberts asked
<https://www.theyworkforyou.com/wrans/?id=2017-07-18.5642.h&s=Digital+Government#g5642.r0> the
Secretary of State for Justice, what plans they have to introduce
legislation to make it an offence to use digital devices to repeatedly
locate, listen to or watch a person without a legitimate reason.
David Lidington MP
<https://wiki.openrightsgroup.org/wiki/David_Lidington_MP> responded
that they have no current plans to introduce such legislation.
ORG media coverage
/See ORG Press Coverage
<https://wiki.openrightsgroup.org/wiki/ORG_Press_Coverage> for full
details./
2017-07-21-Daily Star-New UK porn block may also mean your viewing
habits could be leaked online
<http://www.dailystar.co.uk/tech/news/630923/Law-block-UK-porn-watching-leak-internet-history-PornHub-YouPorn>
Author: Liam Doyle
Summary: Jim Killock quoted on the information collected by the age
verification systems being vulnerable to Ashley-Madison style hacks.
2017-07-25-The Guardian-Roomba maker may share maps of users' homes with
Google, Amazon or Apple
<https://www.theguardian.com/technology/2017/jul/25/roomba-maker-could-share-maps-users-homes-google-amazon-apple-irobot-robot-vacuum>
Author: Alex Hern
Summary: Jim Killock quoted on companies should treat house floor
plans as personal data and seek consent before sharing them.
2017-07-25-iRobot to share or sell Roomba-generated maps of users' home
<http://us.blastingnews.com/tech/2017/07/irobot-to-share-or-sell-roomba-generated-maps-of-users-home-001878075.html>
Author: Myrtle
Summary: Jim Killock quoted on companies should treat house floor
plans as personal data and seek consent before sharing them.
2017-07-26-Breaking News-Plans to share airline passenger details with
Canada blocked by European court
<http://www.breakingnews.ie/world/plans-to-share-airline-passenger-details-with-canada-blocked-by-european-court-799511.html>
Summary: Jim Killock quoted on the CJEU blocking the PNR agreement
between EU and Canada having massive implications for Brexit.
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
<https://www.openrightsgroup.org/people/staff#javier>
* Ed Johnson-Williams, Campaigns
<https://www.openrightsgroup.org/people/staff#ed>
* Pam Cowburn, Communications
<https://www.openrightsgroup.org/people/staff#pam>
* Lee Maguire, Tech <https://www.openrightsgroup.org/people/staff#lee>
* Myles Jackman, Legal Director
<https://www.openrightsgroup.org/people/staff#myles>
* Charlie Tunmore, Supporter Officer
<https://www.openrightsgroup.org/people/staff#charlie>
* Slavka Bielikova, Policy Officer
* Matthew Rice, Scotland Director
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