[ORG PM] ORG policy update 27 October 2017

Fri Oct 27 12:59:28 BST 2017

https://wiki.openrightsgroup.org/wiki/ORG_policy_update/2017-w43

  ORG policy update/2017-w43

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This is ORG's Policy Update for the week beginning 23/10/2017.

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 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>
  * Save the date for ORGCon 2017 - it will take place on Saturday 4
    November at Friends House on Euston Road in London. We have a second
    smaller event planned on Sunday 5 November at Theater Delicatessen.
    This year is all about the Digital Fightback. Confirmed speakers
    include Graham Linehan, Noel Sharkey, Helen Lewis, Jamie Bartlett
    and Nanjira Sambuli. Tickets are on sale now
    <https://orgcon.openrightsgroup.org/>!

Planned local group events:

  * Join ORG Birmingham
    <https://www.meetup.com/ORG-Birmingham/events/244094596/> for a
    Halloween social on 30 October. Fancy dress is encouraged! They will
    be organising some spooky games and activities before heading to a pub.
  * Next ORG Glasgow
    <https://www.meetup.com/ORG-Glasgow/events/243941706/> monthly
    meetup will be on 2 November. The local group will discuss new ideas
    for public events and presentations.
  * 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

  * Javier Ruiz attended a VIRT-EU advisory board meeting.
  * Javier Ruiz attended a roundtable meeting with the Cabinet Office to
    discuss the codes of practice for data sharing in the Digital
    Economy Act.

    UK Parliament

      Data Protection Bill will be in the HoL Committee on 30 November

Last week saw the Data Protection Bill 2017 
<https://wiki.openrightsgroup.org/wiki/Data_Protection_Bill_2017> 
(DPBill) read the second time in the House of Lords. The Bill will 
continue in the Committee next week (30 November) when Lords will 
discuss the Bill and amendments in more detail. The up-to-date list of 
submitted amendments can be found here 
<https://publications.parliament.uk/pa/bills/lbill/2017-2019/0066/18066-I.pdf>. 

The list includes amendments that would introduce Article 80(2) of the 
General Data Protection Regulation 
<https://wiki.openrightsgroup.org/wiki/General_Data_Protection_Regulation> 
into to the DPBill. ORG has previously argued for the implementation of 
the Article in the DPBill. Our briefing 
<https://www.openrightsgroup.org/ourwork/reports/open-rights-group-briefing-on-the-data-protection-bill-hol-second-reading> 
has more details.

The article would allow independent privacy bodies to bring complaints 
on behalf of consumers without the need of a named data subject. This 
provision could be instrumental in investigating harmful data processing 
practices.

During the Second Reading, the implementation of Article 80(2) received 
cross-party support from a number of peers. Both Labour and Lib Dems 
tabled their amendments 
<https://publications.parliament.uk/pa/bills/lbill/2017-2019/0066/18066-I.pdf> 
allowing for Article 80(2) protections in the DPBill.

The Labour amendment is, however, only for processing that applies to 
GDPR. This is a good start but it is necessary to get the same power for 
independent privacy bodies for processing that does not apply to GDPR. 
ORG intends to work closely with Peers to develop that language.

Lib Dems tabled an amendment 
<https://publications.parliament.uk/pa/bills/lbill/2017-2019/0066/18066%28f%29.pdf> 
proposed by ORG that would cover data processing outside of GDPR.

Other outstanding issues in the Bill that need to be addressed include:

  * Too wide exemption for processing of data for immigration purposes
    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.
  * The lack of a “representative”
    <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>.
    Originally, the EU’s General Data Protection Regulation covers the
    processing of personal data of EU data subjects by data controllers
    (companies) not established in the EU. In such circumstances, the EU
    requires companies who are based outside of the EU but wish to offer
    services to people in the EU to establish a representative in a
    Member State. Without a “representative” it will be impossible to
    enforce all rights and obligations on non-UK companies offering
    services to the people in the UK if something goes wrong.
  * One of the conditions for processing special categories of personal
    data is “substantial public interest”, however, the Bill does not
    include a definition of substantial public interest.
  * National Security Certificates - provisions in the Bill include even
    wider exemptions than those in the current Data Protection Act.
  * Unfettered powers for cross-border transfers of personal data by
    intelligence agencies without appropriate levels of protection.

An amendment has been tabled by Lib Dems already dealing with the 
omission of the representative in the UK and should be debated in one of 
the Committee sittings.

    Other national developments

      Epson delete competing eBay ink listings citing patent infringement

New reports from affected resellers show that compatible ink cartridges 
are being removed by Epson 
<https://www.theinquirer.net/inquirer/news/3019801/epson-orders-resellers-to-stop-selling-third-party-ink-on-ebay-in-patent-row> 
from eBay. The eBay’s Verified Rights Owner programme 
<http://pages.ebay.com/seller-center/listing/create-effective-listings/vero-program.html#m17-1-tb2> 
(VeRO) allows rightsholders to remove listings that they “believe may 
infringe on their intellectual property rights”.

Epson are alleging that certain compatible ink cartridges infringe their 
patents GB2433473 and amendment GB2465293. The alleged infringement 
concerns the alignment of chip contacts on their cartridges.

eBay do not appear to require an actual proof of infringement, for 
example, a decision of the court, but accept Epson’s word as a trusted 
company.

We are concerned that eBay is allowing rightsholders to easily claim 
infringement but resellers appear to be unable to assert the legality of 
their products and listings. It is also concerning that Epson opted to 
act against resellers and did not contact the manufacturers first.

It is unclear if there is any merit to the Epson’s claim that these 
compatible cartridges infringe their patents but using patents in this 
way would undermine the legal regime that protects the production of 
compatible products such as ink cartridges.

For more information or to get in touch read our blog 
<https://www.openrightsgroup.org/blog/2017/epson-delete-ebay-listings-citing-patent-claims>. 

    Europe

      ePrivacy report has been passed by the European Parliament

Last week, the European Parliament 
<https://wiki.openrightsgroup.org/wiki/European_Parliament>’s Committee 
for Civil Liberties (LIBE) voted on a revised ePrivacy proposal 
<https://edri.org/eprivacy-directive-document-pool/> which included new 
privacy-enhancing amendments. The LIBE’s report was voted on in the 
Parliament's Plenary by all MEPs.

It is important the revised ePrivacy rules maintain at the minimum the 
same level of protection that is offered to the EU citizens by the 
General Data Protection Regulation. The ePrivacy is a specialised 
legislation which complements the more general GDPR legislation. This 
means that when the two regulations contain rules for the same situation 
<https://iapp.org/news/a/will-the-eprivacy-reg-overshadow-the-gdpr-in-the-age-of-iot/>, 
the ePrivacy rules should take precedence. If the levels of protection 
provided by the two legislations differ, the ePrivacy is likely to end 
up in front of the European Court of Justice 
<https://wiki.openrightsgroup.org/wiki/European_Court_of_Justice> which 
could invalidate the rules.

European Parliament (EP) also decided on a proposal to confirm (or not) 
the Parliament’s mandate to negotiate the e-Privacy Regulation with the 
Council of the European Union. The MEPs supported the mandate for 
trilogues on ePrivacy and endorsed citizens rights: 318 for, 280 against 
and 18 abstentions.

The date for negotiations with the Council is yet to be confirmed.

    Questions in the UK Parliament

      Question on data protection

Chris Stephens asked 
<https://www.theyworkforyou.com/wrans/?id=2017-10-12.107616.h&s=%22data+protection%22#g107616.r0> 
the Chancellor of the Exchequer, what work the Department has been 
undertaking in respect of the General Data Protection Regulation.

Mel Stride MP <https://wiki.openrightsgroup.org/wiki/Mel_Stride_MP> 
responded that the HMRC has a project underway on business readiness for 
the GDPR. The Department has appointed a Data Protection Officer.

      Question on data privacy legislation

Stephen Timms asked 
<https://www.theyworkforyou.com/wrans/?id=2017-09-14.105171.h&s=%22data+protection%22#g105171.r0> 
the Minister for the Cabinet Office, what assessment they have made of 
the effect on UK data privacy legislation of not incorporating into UK 
law Article 8 of the EU Charter of Fundamental Rights.

Caroline Nokes MP 
<https://wiki.openrightsgroup.org/wiki/Caroline_Nokes_MP> responded that 
the removal of the Charter from UK law should not affect the substantive 
rights that individuals already benefit from in the UK when their data 
are processed. Individuals will benefit from the rights set out in the 
Data Protection Bill and the General Data Protection Regulation.

      Question on the US surveillance

Lord Laird asked 
<https://www.theyworkforyou.com/wrans/?id=2017-10-09.HL1753.h&s=Electronic+Surveillance> 
the Government what steps they have taken in relation to the 
surveillance of European citizens’ data through the US Prism programme.

Baroness Williams of Trafford responded that Parliament has enacted the 
Investigatory Powers Act 2016 
<https://wiki.openrightsgroup.org/wiki/Investigatory_Powers_Act_2016> 
which completely overhauls and updates the legal regime, safeguards and 
oversight which govern the intelligence agencies’ use of surveillance 
powers.

      Question on the EU Charter of Fundamental Rights

Tom Brake asked 
<https://www.theyworkforyou.com/wrans/?id=2017-10-16.107942.h&s=%22data+protection%22#g107942.r0> 
the Secretary of State for Exiting the European Union if they will 
publish the assessment undertaken by his Department into the areas in EU 
law which will comprise the Charter of Fundamental Rights.

Robin Walker MP <https://wiki.openrightsgroup.org/wiki/Robin_Walker_MP> 
responded that the Department has no plans to publish such an assessment.

      Question on pupils’ personal records

Mike Kane MP asked 
<https://www.theyworkforyou.com/wrans/?id=2017-10-16.108061.h&s=%28internet+OR+cyber+OR+computer+OR+web+OR+surveillance+OR+copywrite+OR+%22data+sharing%22%29#g108061.r0> 
the Secretary of State for Education, how many pupils' data has been (a) 
requested by and (b) given to the Home Office under the data sharing 
agreement with her Department for purposes including immigration 
enforcement in each month in 2017.

Kane further asked when the Department plans to publish the data sharing 
agreement with the Home Office regarding monthly transfers of national 
pupil data for purposes of immigration enforcement.

Nick Gibb responded that the Department does not currently routinely 
publish all underlying data sharing agreements. Where interested parties 
have specifically requested access to data shares (e.g. under Freedom of 
Information) they have been provided with the Memorandum of 
Understanding in place with the Home Office. The Department will be 
publishing a full overview of all routine personal level data sharing, 
including the Home Office data sharing in December.

    ORG media coverage

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

2017-10-19-Lexology-House of Lords publishes briefing on Data Protection 
Bill 
<https://www.lexology.com/library/detail.aspx?g=9dc003f8-0d9e-4e13-ae35-834e73d6c9ab>
    Author: Cynthia O’Donoghue & Kirill Albrecht
    Summary: ORG mentioned in relation to the Data Protection Bill 2017.
    Topics: Data protection
    <https://wiki.openrightsgroup.org/wiki/Data_protection>
2017-10-23-Newsweek-FBI Chief Says Encryption Is ‘Huge Problem’ 
<http://www.newsweek.com/fbi-encryption-christopher-wray-apple-whatsapp-690523>
    Author: Anthony Cuthbertson
    Summary: Jim Killock quoted on backdoors being put into encrypted
    services would make millions of ordinary people less secure online. 
    Topics: Encryption <https://wiki.openrightsgroup.org/wiki/Encryption>
2017-10-24-Which? calls for a Data Protection Bill amendment 
<https://www.bit-tech.net/news/tech/which-calls-for-an-data-protection-bill-amendment/1/>
    Author: Gareth Halfacree
    Summary: Jim Killock quoted on the UK neglecting consumer protection
    in the General Data Protection Regulation by not adopting Article
    80(2) in the Data Protection Bill 2017.
    Topics: Data protection
    <https://wiki.openrightsgroup.org/wiki/Data_protection>
2017-10-24-IT Pro-Why this missing piece of the UK's Data Protection 
Bill 'threatens consumer rights' 
<http://www.itpro.co.uk/data-protection/29797/why-this-missing-piece-of-the-uks-data-protection-bill-threatens-consumer>
    Author: Dale Walker
    Summary: Jim Killock quoted on the UK neglecting consumer protection
    in the General Data Protection Regulation by not adopting Article
    80(2) in the Data Protection Bill 2017.
    Topics: Data protection
    <https://wiki.openrightsgroup.org/wiki/Data_protection>
2017-10-25-The Inquirer-Epson orders resellers to stop selling 
third-party ink on eBay in patent row 
<https://www.theinquirer.net/inquirer/news/3019801/epson-orders-resellers-to-stop-selling-third-party-ink-on-ebay-in-patent-row>
    Author: Chris Merriman 
    Summary: ORG quoted on Epson requesting removal of compatible ink
    cartridge listings from eBay. 
    Topics: Copyright <https://wiki.openrightsgroup.org/wiki/Copyright>,
    Patent <https://wiki.openrightsgroup.org/wiki/Patent>
2017-10-25-EFF-Epson is Using its eBay "Trusted Status" to Make 
Competing Ink Sellers Vanish 
<https://www.eff.org/deeplinks/2017/10/epson-using-its-ebay-trusted-status-make-competing-ink-sellers-vanish>
    Author: Cory Doctorow
    Summary: ORG quoted on Epson requesting removal of compatible ink
    cartridge listings from eBay. 
    Topics: Copyright <https://wiki.openrightsgroup.org/wiki/Copyright>,
    Patent <https://wiki.openrightsgroup.org/wiki/Patent>
2017-10-26-Newsclick-Police Follows Hollywood: Pre-Crime Has Become a 
Reality 
<https://newsclick.in/police-follows-hollywood-pre-crime-has-become-reality>
    Author: Surangya Kaur
    Summary: Jim Killock quoted on pre-crime detection systems fail to
    meet any test of proportionality and threaten privacy rights.
    Topics: Surveillance
    <https://wiki.openrightsgroup.org/wiki/Surveillance>
2017-10-27-The Real News-British Government Wants to Criminalize Web Use 
<http://therealnews.com/t2/story:20306:British-Government-Wants-to-Criminalize-Web-Use>
    Author: Aaron Maté
    Summary: Interview with Jim Killock on new Government initiatives to
    censor the Internet.
    Topics: Online censorship
    <https://wiki.openrightsgroup.org/wiki/Online_censorship>

    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
  * Slavka Bielikova, Policy Officer
  * Mike Morel, Campaigner
  * Caitlin Bishop, Campaigns Communication Officer

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