[ORG PM] ORG policy update 12 January 2018

Alex Haydock alex.haydock at openrightsgroup.org
Fri Jan 12 15:10:53 GMT 2018 

https://wiki.openrightsgroup.org/wiki/ORG_policy_update/2018-w02
<https://wiki.openrightsgroup.org/wiki/ORG_policy_update/2018-w02>


  ORG policy update/2018-w02

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

This is ORG's Policy Update for the week beginning 08/01/2018.

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 started fundraising to recruit more permanent members of
    our legal team. Join ORG today to help out!
    <https://www.openrightsgroup.org/join/join-org-and-help-build-our-legal-team>
  * ORG launched a new petition
    <https://epsonstopkillingcompatibles.org.uk/> against printer
    manufacturer Epson's attempts to get eBay to remove listings of
    third-party ink cartridges from their marketplace.
  * ORG is running a petition against the Government’s misguided
    proposals threatening fines for internet companies who do not
    rapidly censor extremist material shared on their platforms. Sign
    the petition here!
    <https://action.openrightsgroup.org/censorship-and-control-are-not-answer-extremism>
  * ORG have been hard at work updating the court ordered blocks
    <https://www.blocked.org.uk/legal-blocks> section of the Blocked!
    tool to display clearer and more accurate information about court
    ordered blocks.

Planned local group events:

  * Join the newly-reformed ORG Norwich on 22 January
    <https://www.meetup.com/ORG-Norwich/events/245885855/> for their
    revival meetup and to discuss their plans for the future.
  * See ORG's legal director Myles Jackman speak at an ORG London event
    on 24 January <https://www.meetup.com/ORG-London/events/246606653/>.
    Come along to hear about ORG's past legal successes and plans for
    the future.


    Official meetings

  * Jim Killock and Alex Haydock met with the Department for Digital,
    Culture, Media and Sport (DCMS) to discuss the Government's progress
    implementing the Digital Economy Act's rules requiring age
    verification systems for pornographic content.
  * Jim Killock met Article 19
    <https://wiki.openrightsgroup.org/wiki/Article_19> and ISPA
    <https://wiki.openrightsgroup.org/wiki/ISPA> to discuss UK Internet
    censorship, and FACT <https://wiki.openrightsgroup.org/wiki/FACT> to
    discuss their domain seizures.
  * Slavka Bielikova met with Unison and the3million to discuss the Data
    Protection Bill.


    UK Parliament


      Peers debate Data Protection Bill Section 80(2)

This week, the House of Lords debated the Section 80(2) amendment to the
Data Protection Bill that has been pushed and supported by ORG.

Lord Ashton of Hyde argued against the amendment
<https://hansard.parliament.uk/Lords/2018-01-10/debates/8952F701-A555-4D8F-96B5-D075F65BF4C1/DataProtectionBill%28HL%29#contribution-58FA43C2-F272-4470-9EEA-FED0D43631F7>,
noting:

    The Government are sympathetic to the idea of facilitating greater
    private enforcement, but we continue to believe that the Bill as
    drafted provides significant and sufficient recourse for data
    subjects. In our view, there is no need to invoke article 80(2) of
    the GDPR, with all the risks and potential pitfalls that that entails.

Lord Ashton went on to propose instead that the bill be amended to
include a provision to review the effectiveness of the relevant sections
two years after the bill receives Royal Assent. This mirrors an earlier
suggestion made by the department in charge of the Bill (DCMS), but is
slightly stronger as the review would have a statutory footing in the
bill itself, rather than the previous suggestion which amounted to a
"commitment to review" by the DCMS.

Labour and Lib Dem Peers supported Lord Ashton's suggestion of a review
amendment. ORG still do not believe periodic review is sufficient, but
are pleased to see such review being placed on a statutory footing in
the bill itself.

You can read ORG's recent blog post on the DEBill's progress here
<https://www.openrightsgroup.org/blog/2018/peers-have-a-chance-to-make-the-uk-one-of-the-safest-places-to-be-online.-they-should-take-it>.


The third reading of the Bill is expected to take place in the House of
Lords on the 17 January, and the Bill is expected to begin its progress
through the House of Commons by the end of the month.


    Other national developments


      Annual report of the Surveillance Camera Commissioner

This week Tony Porter, the Surveillance Camera Commissioner, published
his annual report commenting on the implementation of surveillance
camera aystems, and outlining his future plans.

Among other things, the report highlights the threat of surveillance
camera hacking, stressing importance of prioritising the security of
surveillance systems. It also highlighted that the ability to
effectively regulate an improvement in the operation of surveillance
camera systems in public is hampered by the restricted range of
organisations that must comply with the Home Secretary’s Surveillance
Camera Code of Practice
<https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/204775/Surveillance_Camera_Code_of_Practice_WEB.pdf>.


It also comments on ANPR, suggesting:

    Automatic Number Plate Recognition (ANPR) one of the largest non
    military databases in the UK, should be placed on a statutory
    footing by the Government. It has a national infrastructure of
    approximately 9,000 cameras that captures between 25 to 40 million
    pieces of data (citizens’ number plates) per day and up to 20 to 30
    billion records are held.

You can read the full report here
<https://www.gov.uk/government/publications/surveillance-camera-commissioner-annual-report-2016-to-2017>.



    Questions in the UK Parliament


      Question about Police use of IMSI catchers

Thengam Debbnaire asked the Secretary of State for the Home Department,
how many police forces operate an International Mobile Subscriber
Identifier (IMSI) catcher, and what guidance the Government provided on
their use.

Nick Hurd MP <https://wiki.openrightsgroup.org/wiki/Nick_Hurd_MP>
replied <https://www.theyworkforyou.com/wrans/?id=2018-01-08.121465.r0>,
noting that:

    Investigative activity by public authorities involving interference
    with property or wireless telegraphy is regulated by the Police Act
    1997 and the Intelligence Services Act 1994, which set out the high
    level of authorisation required before law enforcement or the
    security and intelligence agencies can undertake such activity.

He also noted that the use of all such covert investigation powers is
overseen by the Investigatory Powers Commissioner
<https://wiki.openrightsgroup.org/wiki/Investigatory_Powers_Commissioner>.


      Question about the implementation of the EU NIS Directive

Brendan O'Hara asked the Secretary of State for Digital, Culture, Media
and Sport what plans the department has to implement the EU Network and
Information Systems Directive
<https://en.wikipedia.org/wiki/Cyber-security_regulation#NIS_Directive>.

Margot James replied
<https://www.theyworkforyou.com/wrans/?id=2018-01-05.121144.r0>, noting
that the National Cyber Security Centre intends to publish cross-sector
security guidance in January 2018, and that "compliance will be
monitored and enforced by sector based Competent Authorities".


      Question about the application of GDPR after Brexit

Lord Laird asked the whether the Court of Justice of the European Union
<https://wiki.openrightsgroup.org/wiki/Court_of_Justice_of_the_European_Union>
(CJEU) will continue to have jurisdiction in the UK after Brexit in
relation to the General Data Protection Regulation (GDPR).

Lord Ashton of Hyde confirmed that, while the direct jurisdiction of the
CJEU will cease upon leaving the EU, the Data Protection Bill and the EU
(Withdrawal) Bill would ensure that all of the provisions of GDPR were
incorporated into UK law.


    ORG media coverage

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

2018-01-05-BBC News-Porn age-checks risk pushing children to dark web,
officials warn <http://www.bbc.co.uk/news/uk-politics-42577460>
    Author: Brian Wheeler
    Summary: Myles Jackman quoted in a story about potential problems
    with age verification.
    Topics: Privacy <https://wiki.openrightsgroup.org/wiki/Privacy>
2018-01-05-Gizmodo UK-The Government has Admitted That Porn Age Checks
Could Harm Small ISPs and Increase Fraud
<http://www.gizmodo.co.uk/2018/01/the-government-has-admitted-that-porn-age-checks-could-harm-small-isps-and-increase-fraud/>
    Author: Tom Pritchard
    Summary: Myles Jackman quoted in a story about potential problems
    with age verification.
    Topics: Privacy <https://wiki.openrightsgroup.org/wiki/Privacy>
2018-01-09-EU Observer-Commission: 120 minutes to remove illegal online
content <https://euobserver.com/justice/140482>
    Author: Nikolaj Nielsen
    Summary: EU Observer uses an ORG quote from a Dec 2017 BBC News
    story in an article about the EU Commission's suggestion that
    internet platform providers equip themselves to remove extremist
    material on their platform within 2 hours.
    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 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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