[ORG PM] ORG policy update 17 November 2017

Fri Nov 17 13:47:09 GMT 2017

https://wiki.openrightsgroup.org/wiki/ORG_policy_update/2017-w46

  ORG policy update/2017-w46 - ORG Wiki

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This is ORG's Policy Update for the week beginning 13/11/2017.

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. [ORG
    started 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:

  * Join ORG Birmingham
    <https://www.meetup.com/ORG-Birmingham/events/244878819/> on Monday
    20 November to learn more about internet filtering in the UK and how
    you can use the Blocked! tool to help fight the overblocking of
    websites.
  * ORG Edinburhgh
    <https://www.meetup.com/ORG-Edinburgh/events/244894783/> is
    organising a social with ORG’s Policy Director Javier Ruiz on
    Tuesday 21 November. Join them to discuss some of the work he is
    leading on, catch up on other areas of work, and discuss news and
    topics of interest.
  * Join ORG Cambridge
    <https://www.meetup.com/ORG-Cambridge/events/244927140/> on Tuesday
    5 December for a monthly meetup. They will 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.
  * ORG Glasgow <https://www.meetup.com/ORG-Glasgow/events/244234443/>
    will hold their monthly meetup on Thursday 7 December at the
    Electron Club. You will have an opportunity to discuss current
    affairs and topics of interest and to generate new ideas for public
    events and presentations.

    Official meetings

  * Javier Ruiz attended an event on the Current issues in SDO
    decision-making for the Internet in Parliament.
    <http://www.internetpolicystreams.com/index.php/project-activities/item/357-project-workshop-2017-current-issues-in-sdo-decision-making-for-the-internet>

    UK Parliament

      DPBill debate in the HoL Committee continues

The Data Protection Bill (DPBill) was debated in the House of Lords 
again this week during two sittings. The next Committee sittings are 
scheduled for Monday 20 November and Wednesday 22 November.

The full list of amendments to be debated next week can be found here 
<https://publications.parliament.uk/pa/bills/lbill/2017-2019/0066/18066-V.pdf>. 

The debate this week started with Lords debating these sets of 
amendments 1 
<https://publications.parliament.uk/pa/bills/lbill/2017-2019/0066/18066-III%28Rev%29.pdf> 
& 2 
<https://publications.parliament.uk/pa/bills/lbill/2017-2019/0066/18066-IV.pdf>. 

The full transcript is available from here:

  * 13 November-1
    <https://www.theyworkforyou.com/lords/?id=2017-11-13b.1804.1&s=data+protection+bill#g1828.2>,
    2
    <https://www.theyworkforyou.com/lords/?id=2017-11-13b.1849.3&s=data+protection+bill#g1878.0>,
    3
    <https://www.theyworkforyou.com/lords/?id=2017-11-13b.1898.0&s=data+protection+bill#g1917.4>

  * 15 November
    <https://www.theyworkforyou.com/lords/?id=2017-11-15a.2031.4&s=data+protection+bill#g2088.4>

This Committee debated an amendment 
<http://lordsamendments.parliament.uk/?Session=2017-2019&Id=2158&Stage=Committee&Decision=Not-yet-debated&ResultsPerPage=20&Member=1879&CurrentPage=1> 
tabled by Lord Lucas relating to the processing of personal data under 
Part 3 of the Digital Economy Act 2017 
<https://wiki.openrightsgroup.org/wiki/Digital_Economy_Act_2017> 
(DEAct). ORG has raised previously concerns about the lack of privacy 
safeguards in the DEAct and the lack of regulation of age verification 
providers under Part 3.

Lord Stevenson (Labour) pointed out that implementing 
<https://www.theyworkforyou.com/lords/?id=2017-11-13b.1849.3#g1853.0> 
this amendment would require resolution of many intricacies. He asked 
the Minister, Lord Ashton of Hyde to clarify the situation on age 
verification in the DEAct and provide information on the guidance to be 
issued by the Secretary of State regarding privacy safeguards. The 
amendment was withdrawn and can still be brought for discussion at later 
stages.

An amendment that would remove exemption on the processing of data for 
immigration purposes has gathered a cross-party support 
<https://goo.gl/9KSpCk> during the debate. Baroness Williams of Trafford 
stated that this provision is a necessary and proportionate measure to 
protect the integrity of the immigration system. She will provide 
further information in writing on the application of the clause in 
practice.

Amendments on the implementation of Article 80(2) allowing independent 
privacy bodies represent data subject without naming them will likely be 
debated during the Committee sittings next week.

At the moment, Labour and Lib Dems tabled their amendments 
<https://publications.parliament.uk/pa/bills/lbill/2017-2019/0066/18066%28f%29.pdf> 
that would implement Article 80(2).

Both amendments are supported by Lib Dems and Labour 
<https://publications.parliament.uk/pa/bills/lbill/2017-2019/0066/18066-V.pdf>, 
however Amendment 184 would cover both processing of data which applies 
under the General Data Protection Regulation and outside of it, but 
amendment 185 only covers the processing of data under the GDPR.

        DPBill scrutiny by the Joint Committee on Human Rights

The Joint Committee on Human Rights is scrutinising the DPBill. The 
Committee is taking written evidence. You can submit your contribution 
here 
<http://www.parliament.uk/business/committees/committees-a-z/joint-select/human-rights-committee/legislative-scrutiny/parliament-2017/data-protection-bill-17-19-/joint-written-submission-form/>. 

    Other national developments

      Consultation on draft codes of practice for RIPA

The Home Office published a consultation of revised codes of practice of 
the Regulation of Investigatory Powers Act 2000 
<https://www.gov.uk/government/consultations/regulation-of-investigatory-powers-act-2000-draft-codes-of-practice>. 
The consultation relates to Parts 2 and 3 of RIPA.

These codes set out the processes and safeguards governing the use of 
investigatory powers by public authorities, including the police and 
security and intelligence agencies. The consultation seeks 
representation on their revised draft.

The consultation closes on 28 December at 11:45 pm.

    Europe

      Schrems cannot rely on his consumer status for a class action

The Advocate General Michal Bobek gave his opinion 
<http://www.europe-v-facebook.org/sk/GA_opinion.pdf> in a case brought 
forward by Max Schrems against Facebook. Schrems started a legal action 
against Facebook following Snowden’s revelations of the US surveillance 
programs.

It became apparent that data transferred by Facebook from their base in 
Ireland to the US does not have adequate protections in both countries. 
As a result, the Safe Harbour data sharing agreement was invalidated and 
replaced by Privacy Shield.

In the current case, Schrems seeks to represent 25,000 of Facebook users 
in a collective (class) action in an Austrian court 
<https://uk.reuters.com/article/us-eu-privacy-facebook-court/austrian-cant-file-facebook-class-action-suit-eu-court-adviser-idUKKBN1DE100> 
demanding 500 euros per person in damages.

The opinion by the Advocate General Bobek says that Schrems can rely on 
his consumer status to sue Facebook Ireland before the Austrian Courts; 
however, he

    ”cannot rely on his consumer status with respect to claims assigned
    to him by other consumers.”

Opinions of advocate general are not binding for the European Court of 
Justice 
<https://wiki.openrightsgroup.org/wiki/European_Court_of_Justice> (CJEU) 
but are predominantly followed by the Court. If the court makes a 
decision in line with the opinion, it is likely that individual privacy 
suits against Facebook will not be brought forward due to high court 
costs. However, Schrems would still be able to set a precedent.

    Questions in the UK Parliament

      Question on Internet and Terrorism

Jim Shannon asked 
<https://www.theyworkforyou.com/wrans/?id=2017-11-02.111009.h&s=internet#g111009.r0> 
the Secretary of State for Digital, Culture, Media and Sport, what steps 
they are taking to prevent online subscription to websites with Islamic 
extremist content.

Matthew Hancock MP 
<https://wiki.openrightsgroup.org/wiki/Matthew_Hancock_MP> responded 
that they are closely working with industry to encourage companies to 
develop innovative solutions to tackle online radicalisation. The 
Department is also setting up a new Commission for Countering Extremism 
to identify whether more powers are needed.

      Question on pupils’ personal records

Darren Jones asked 
<https://www.theyworkforyou.com/wrans/?id=2017-10-23.109014.h&s=%22data+protection%22#g109014.q0> 
the Secretary of State for Education, what legal advice the Department 
has received on meeting data protection requirements for data held on 
the national pupil database that relates to former pupils with whom 
schools have no contact.

Nick Gibb responded that the Department seeks advice as necessary.

      Question on intellectual property

Ben Lake MP asked 
<https://www.theyworkforyou.com/wrans/?id=2017-11-02.111049.h&s=%22intellectual+property%22#g111049.r0> 
the Secretary of State for Business, Energy and Industrial Strategy, 
what representations they have had from the Design, Trade Marks and 
Brands sectors on the future of the UK’s relationship with the 
Intellectual Property Office and the EU Intellectual Property Office 
after Brexit.

Jo Johnson MP <https://wiki.openrightsgroup.org/wiki/Jo_Johnson_MP> 
responded that they have held extensive discussions with representatives 
from across the various IP sectors. The future relationship is a matter 
for negotiation with the EU. In the meantime, the UK will continue to 
fulfil their obligations under the WIPO Treaties.

      Question on patents

Barry Gardiner MP 
<https://wiki.openrightsgroup.org/wiki/Barry_Gardiner_MP> asked 
<https://www.theyworkforyou.com/wrans/?id=2017-11-03.111264.h&s=patent#g111264.r0> 
the Secretary of State for Business, Energy and Industrial Strategy, 
whether the UK will participate in the European Unitary Patent and the 
EU Unified Patent Court after the UK leaves the EU.

Jo Johnson MP <https://wiki.openrightsgroup.org/wiki/Jo_Johnson_MP> 
responded that The Unified Patent Court (UPC) is an international court. 
It is not an EU court or an EU institution.

      Question on data protection

Paul Blomfield MP 
<https://wiki.openrightsgroup.org/wiki/Paul_Blomfield_MP> asked 
<https://www.theyworkforyou.com/wrans/?id=2017-11-07.112162.h&s=Information+Commissioner+ICO#g112162.r0> 
the Secretary of State for Digital, Culture, Media and Sport, what 
support the Department is providing for small and medium-sized 
enterprises to prepare for the implementation of the Data Protection 
Bill and the General Data Protection Regulation 
<https://wiki.openrightsgroup.org/wiki/General_Data_Protection_Regulation>.

Matthew Hancock MP 
<https://wiki.openrightsgroup.org/wiki/Matthew_Hancock_MP> responded 
that the Information Commissioner’s Office has various resources on 
their website. This month the ICO has launched a dedicated helpline 
service for SMEs and has updated its SME toolkit to reflect the 
requirements of GDPR.

      Question on the NHS hack

Emily Thornberry MP 
<https://wiki.openrightsgroup.org/wiki/Emily_Thornberry_MP> asked 
<https://www.theyworkforyou.com/wrans/?id=2017-11-06.111672.h&s=cyber#g111672.r0> 
the Secretary of State for Foreign and Commonwealth Affairs, what 
assessment they have made of the recent claim by the head of Microsoft 
that the Government of North Korea was responsible for the WannaCry 
cyber attack in May 2017.

Boris Johnson MP 
<https://wiki.openrightsgroup.org/wiki/Boris_Johnson_MP> responded that 
various sources have attributed the WannaCry campaign to North Korean 
actors. The National Crime Agency and the National Cyber Security Centre 
are working with international law enforcement and industry partners to 
find those responsible.

      Question on Internet safety

Lord Alton of Liverpool asked 
<https://www.theyworkforyou.com/wrans/?id=2017-10-31.HL2764.h&s=Digital+Government#gHL2777.q1> 
the Government, why the Government’s Internet Security Strategy Green 
Paper does not address the issue of definitions. Furthermore, he 
inquired why using the definition of violence against women from the 
Criminal Justice and Immigration Act 2008 in the Digital Economy Act 
2017 <https://wiki.openrightsgroup.org/wiki/Digital_Economy_Act_2017> is 
not addressed in the Internet Safety Strategy Green Paper. Lord Ashton 
of Hyde responded that Part 3 of the Digital Economy Act (2017) requires 
the Secretary of State for Digital Culture, Media and Sport to produce a 
report on the effectiveness of age verification measures 12 months after 
the powers come into force. We will use this review to consider the 
wider impact and consult on the definitions used in this part of the Act.

    ORG media coverage

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

2017-11-10-Huffington Post-25 Million UK Porn Viewers At Risk Of Their 
Sexual Preferences Being Leaked 
<http://www.huffingtonpost.co.uk/myles-jackman/25-million-uk-porn-viewer_b_18490658.html>
    Author: Myles Jackman 
    Summary: Op-ed by Myles Jackman on age verification and privacy threats.
    Topics: Privacy <https://wiki.openrightsgroup.org/wiki/Privacy>,
    Data protection
    <https://wiki.openrightsgroup.org/wiki/Data_protection>, Digital
    Economy Act 2017
    <https://wiki.openrightsgroup.org/wiki/Digital_Economy_Act_2017>
2017-11-14-The Register-Privacy Pass protocol promises private perusing 
<https://www.theregister.co.uk/2017/11/14/privacy_pass_protocol/>
    Author: Rebecca Hill
    Summary: Jim Killock quoted on methods to remove cookie tracking
    being a great idea.
    Topics: Privacy <https://wiki.openrightsgroup.org/wiki/Privacy>
2017-11-15-Business Insider-Two UK supermarkets are trialling facial 
recognition at the checkout so you can buy alcohol faster 
<http://uk.businessinsider.com/uk-supermarkets-trialling-facial-recognition-yoti-tills-alcohol-2017-11>
    Author: Shona Ghosh
    Summary: Jim Killock quoted on the use of biometrics for everyday
    security being a worrying trend.
    Topics: Biometrics <https://wiki.openrightsgroup.org/wiki/Biometrics>

    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 Communication Officer
    <https://www.openrightsgroup.org/people/staff#caitlin>

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