[ORG PM] ORG policy update 03 November 2017

Fri Nov 3 15:05:15 GMT 2017

https://wiki.openrightsgroup.org/wiki/ORG_policy_update/2017-w44

  ORG policy update/2017-w44 - ORG Wiki

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This is ORG's Policy Update for the week beginning 30/10/2017.

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 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>
  * Join us for ORGCon 2017 this weekend - Saturday 4 November at
    Friends House on Euston Road in London and Sunday 5 November at
    Theater Delicatessen in Liverpool Street. This year is all about the
    Digital Fightback. Speakers include Graham Linehan, Noel Sharkey,
    Helen Lewis, Jamie Bartlett and Nanjira Sambuli. You can buy the
    tickets here <https://orgcon.openrightsgroup.org/> or on the door.
    We are looking forward to seeing you there!

Planned local group events:

  * ORG Cambridge
    <https://www.meetup.com/ORG-Cambridge/events/243809653/?_cookie-check=G0Ea0u1ZOdmm-_eD>
    will have their monthly meetup on 7 November. Join them for a
    discussion on the current state of digital rights, what they have
    done in the past month, and what they are planning to do in the
    upcoming months.

    Official meetings

  * Jim Killock and Myles Jackman attended a roundtable on age verification.
  * Javier Ruiz gave evidence to the Parliament’s Committee on
    Artificial Intelligence on 1 November. You can watch the session
    here
    <http://www.parliamentlive.tv/Event/Index/97835f12-45c8-437b-9fc4-c23c2de0b7cb>.

    UK Parliament

      First DPBill debate in the HoL Committee

The Data Protection Bill (DPBill) was debated in the Committee in the 
House of Lords for the first time this week. The Committee will have six 
sittings in total and the next one is scheduled for 6 November.

Peers debated the first set of amendments 
<https://publications.parliament.uk/pa/bills/lbill/2017-2019/0066/18066-I%28Rev%29.pdf> 
(pdf) and predominantly focused on the impact of Brexit 
<http://www.independent.co.uk/news/uk/politics/brexit-labour-eu-rights-charter-scrap-tory-government-lords-uk-law-david-davis-theresa-may-a8023841.html?utm_source=POLITICO.EU&utm_campaign=e02183f9f3-EMAIL_CAMPAIGN_2017_10_30&utm_medium=email&utm_term=0_10959edeb5-e02183f9f3-189898533> 
on the Bill. The full transcript is available from here - 1 
<https://www.theyworkforyou.com/lords/?id=2017-10-30a.1161.2&s=data+protection+bill#g1174.0>, 
2 
<https://www.theyworkforyou.com/lords/?id=2017-10-30a.1185.7&s=data+protection+bill>, 
3 
<https://www.theyworkforyou.com/lords/?id=2017-10-30a.1203.2&s=data+protection+bill#g1232.0>, 
4 
<https://www.theyworkforyou.com/lords/?id=2017-10-30a.1251.0&s=data+protection+bill#g1265.0>. 

Labour and Lib Dem amendments 
<https://publications.parliament.uk/pa/bills/lbill/2017-2019/0066/18066%28f%29.pdf> 
implementing Article 80(2) allowing independent privacy bodies bring 
complaints on behalf of consumers without the need of a named data 
subject are likely to be debated in one of the last sessions.

While the Lib Dem amendment would cover both processing of data which 
applies under the General Data Protection Regulation and outside of it, 
the Labour amendment only covers the processing of data under the GDPR.

The next Committee session will see the provisions on processing of data 
for immigration purposes debated. The draft Bill removes any obligation 
on the collector to provide information to the individual, before 
during, or after collection, or to abide by the seven data protection 
principles. The exemption also removes the right for the individual to 
request the information held about them from a data controller. 
Amendments 
<https://publications.parliament.uk/pa/bills/lbill/2017-2019/0066/18066-II.pdf> 
(pdf) have been tabled to address these issues.

Clause 15, which would allow the Secretary of State to pass regulations 
to create new legal bases for sharing personal data 
<https://ukconstitutionallaw.org/2017/09/28/oliver-butler-the-data-protection-bill-and-public-authority-powers-to-process-personal-data-resurrecting-clause-152-of-the-coroners-and-justice-bill-2009> 
about citizens, is likely to be debated too. This fly's in the face of 
the debates on data sharing during the passage of the Digital Economy 
Act, and appears to bring back the "information sharing orders" from 
Labour's Coroners and Justice Bill 
<https://wiki.openrightsgroup.org/wiki/Clause_152>.

Other issues such as the missing “representative” of foreign companies 
<http://amberhawk.typepad.com/amberhawk/2017/10/dp-bills-new-immigration-exemption-can-put-eu-citizens-seeking-a-right-to-remain-at-considerable-dis.html> 
in the UK will also be debated since an amendment correcting the issue 
has been tabled already.

    Europe

      European Parliament calls for protection of whistleblowers

The European Parliament adopted a resolution calling on the European 
Commission to propose legislation protecting whistleblowers 
<http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0402>in 
the European Union.

In the resolution, the European Parliament recognised the essential role 
that whistleblowers play in our society, as well as the need to protect 
them. The resolution has been adopted as a result of many EU Member 
States not offering protection to whistleblowers or the right to 
preserve their anonymity.

The resolution calls for the adoption of legitimate measures to protect 
whistleblowers acting in the public interest when disclosing the 
confidential information of companies and public bodies. It calls on the 
European Commission to propose an EU Directive by the end of 2017.

The text should grant a high level of protection to whistleblowers, as 
well as incentivise others to contribute to the fight for transparency 
and accountability.

The resolution contains a broad definition of “whistleblower”, referring 
to anybody who reports information in the public interest. It calls on 
the Commission to establish a system allowing them to expose wrongdoing 
either within the organisation or directly to the appropriate public 
authorities, non-governmental organisations or the media.

The Parliament also called for penalties and sanctions for retaliation 
against whistleblowers. Additionally, MEPs envisaged establishing 
independent bodies in Member States to advise potential whistleblowers 
on their legal situation and a similar body at the EU level.

    Questions in the UK Parliament

      Question on biometrics

Chi Onwurah MP <https://wiki.openrightsgroup.org/wiki/Chi_Onwurah_MP> 
asked 
<https://www.theyworkforyou.com/wrans/?id=2017-10-23.109028.h&s=privacy#g109028.r0> 
the Secretary of State for Digital, Culture, Media and Sport, what 
guidance the Government has provided on the capture, manipulation and 
storage of facial images and associated data in facial recognition 
systems. Onwurah further enquired what regulations cover such capture, 
manipulation, and storage.

Matthew Hancock MP 
<https://wiki.openrightsgroup.org/wiki/Matthew_Hancock_MP> responded 
that the Information Commissioner is responsible for administering and 
enforcing information rights. It is also the Information Commissioner’s 
Office who issue guidance and advice to individuals and organisations.

      Question on intellectual property

Ian Murray MP <https://wiki.openrightsgroup.org/wiki/Ian_Murray_MP> 
asked 
<https://www.theyworkforyou.com/wrans/?id=2017-10-23.108995.h&s=%22intellectual+property%22> 
the Secretary of State for Business, Energy and Industrial Strategy, 
what actions the Department has taken to ensure that owners of 
registered and unregistered community design rights maintain that 
protection when the UK leaves the EU.

Jo Johnson MP <https://wiki.openrightsgroup.org/wiki/Jo_Johnson_MP> 
responded that they are exploring various options and they are 
discussing them with users of the system to establish the best way forward.

      Question pupils’ personal records

Darren Jones asked 
<https://www.theyworkforyou.com/wrans/?id=2017-10-18.108573.h&s=%22data+protection%22#g108573.r0> 
the Secretary of State for Education, what the criteria are for refusing 
current and former school pupils subject access requests for personal 
confidential data in the National Pupil Database. Jones further inquired 
what steps they are taking to ensure compliance with the General Data 
Protection Regulation.

Nick Gibb responded that under section 7 of the Data Protection Act 1998 
<https://wiki.openrightsgroup.org/wiki/Data_Protection_Act_1998> (DPA), 
an individual has the right to ask an organisation to provide them with 
personal confidential information they hold which identifies them and, 
in certain circumstances, a parent can make such a request on behalf of 
a child.

The Department will review the policies and processes associated with 
Subject Access Requests.

      Question on hate crime

Baroness Gale asked 
<https://www.theyworkforyou.com/wrans/?id=2017-10-23.HL2330.h&s=Digital+Government#gHL2330.r0> 
the Government, what work they are doing with industry to tackle hate 
crime and what measures are being developed to tackle such abuse. She 
further inquired when such measures will be implemented.

Lord Lee of Trafford responded that the Hate Crime Action Plan was 
launched in July 2016. This plan sets out a range of non-legislative 
responses including counter-narrative activity and collaborative work 
with the Internet industry to identify ways to reduce the harm caused by 
hate crime online.

The Department for Digital, Culture, Media and Sport are consulting on 
introducing a social media code of practice as part of the Internet 
Safety Strategy.

      Question on protection of NHS data

Chris Green MP asked 
<https://www.theyworkforyou.com/wrans/?id=2017-10-24.109214.h&s=Digital+Government#g109214.r0> 
the Secretary of State for Health, what steps they are taking to improve 
the recording and sharing of NHS data to assist to improve care for 
patients and scientific research.

Jackie Doyle-Price MP 
<https://wiki.openrightsgroup.org/wiki/Jackie_Doyle-Price_MP> responded 
that NHS England is working with NHS Digital to develop an information 
governance framework which will help health and social care 
organisations to clearly describe activities that require data, justify 
the legal basis underpinning any data sharing, and provide assurance 
around how the data will be protected.

    ORG media coverage

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

2017-10-26-Wirth Consulting-Epson Said to be Using eBay’s ‘Trusted 
Status’ to Have Ink Cartridges Removed from Sales Listings 
<http://wirthconsulting.org/2017/10/26/epson-said-to-be-using-ebays-trusted-status-to-have-ink-cartridges-removed-from-sales-listings/>
    Author: Kathleen Wirth
    Summary: ORG quoted on Epson requesting removal of compatible ink
    cartridge listings from eBay. 
2017-10-27-Gizmodo-The Met Police Won't Reveal In Depth Statistics About 
Online Extremist Takedowns 
<http://www.gizmodo.co.uk/2017/10/the-met-police-wont-reveal-in-depth-statistics-about-online-extremist-takedowns/>
    Author: Tom Pritchard
    Summary: Jim Killock quoted on the Met Police refusing to reveal
    statistics on online takedowns being preposterous. 
    Topics: Online censorship
    <https://wiki.openrightsgroup.org/wiki/Online_censorship>
2017-10-29-Express-Personal details of 815,000 'vulnerable' Scots held 
on secret police databases 
<http://www.express.co.uk/news/uk/872465/Scots-details-held-on-police-database-vulnerable-people>
    Author: Alison Preuss
    Summary: Matthew Rice quoted on all the people on the database of
    vulnerable people having the right to request their removal from it. 
    Topics: Data Protection
    <https://wiki.openrightsgroup.org/wiki/Data_Protection>, Scotland
    <https://wiki.openrightsgroup.org/wiki/Scotland>
2017-10-30-The Inquirer-Assassin's Creed Origins is crippling gamers' 
CPUs due to anti-piracy DRM 
<https://www.theinquirer.net/inquirer/news/3020085/assassins-creed-origins-is-crippling-gamers-cpus-due-to-anti-piracy-drm-tools>
    Author: Carly Page
    Summary: Jim Killock quoted on DRM making users’ lives a misery.
    Topics: Copyright <https://wiki.openrightsgroup.org/wiki/Copyright>,
    Digital Rights Management
    <https://wiki.openrightsgroup.org/wiki/Digital_Rights_Management>
2017-10-30-The Register-Algorithms, Henry VIII powers, dodgy 
1-man-firms: Reg strokes claw over Data Protection Bill 
<https://www.theregister.co.uk/2017/10/30/reg_analysis_the_data_protection_bill/>
    Author: Rebecca Hill
    Summary: ORG’s briefing on DPBill quoted on the need to implement
    Article 80(2).
    Topics: Data protection
    <https://wiki.openrightsgroup.org/wiki/Data_protection>
2017-10-30-Gears of Biz-Algorithms, Henry VIII powers, dodgy 
1-man-firms: Reg strokes claw over Data Protection Bill 
<http://gearsofbiz.com/algorithms-henry-viii-powers-dodgy-1-man-firms-reg-strokes-claw-over-data-protection-bill/164217> 

    Author: Helen Clark
    Summary: ORG’s briefing on DPBill quoted on the need to implement
    Article 80(2).
    Topics: Data protection
    <https://wiki.openrightsgroup.org/wiki/Data_protection>
2017-11-01-The Register-Competition law could help solve data-slurping 
monopolies, peers told 
<https://www.theregister.co.uk/2017/11/01/lords_ai_inquiry_competition_law_data_monopolies/>
    Author: Rebecca Hill
    Summary: Javier Ruiz quoted on the need for an independent regulator
    offering advice and help on artificial intelligence. 
    Topics: Artificial intelligence
    <https://wiki.openrightsgroup.org/wiki/Artificial_intelligence>
2017-11-01-Computer Weekly-UK Data Protection Bill vs EU General Data 
Protection Regulation 
<http://www.computerweekly.com/feature/UK-Data-Protection-Bill-vs-EU-General-Data-Protection-Regulation>
    Author: Peter Ray Alison 
    Summary: Matthew Rice quoted on the other EU Member States
    incorporating a provision on the need for foreign companies to set
    up a representative in the UK. 
    Topics: Data protection
    <https://wiki.openrightsgroup.org/wiki/Data_protection>

    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>
  * Lee Maguire, Tech <https://www.openrightsgroup.org/people/staff#lee>
  * Myles Jackman, Legal Director
    <https://www.openrightsgroup.org/people/staff#myles>
  * 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 & Communications Officer
    <https://www.openrightsgroup.org/people/staff#caitlin>

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