[ORG PM] ORG policy update 16 March 2018

Slavka Bielikova policy.monitoring at openrightsgroup.org
Fri Mar 16 12:02:53 GMT 2018 

https://wiki.openrightsgroup.org/wiki/ORG_policy_update/2018-w11


  ORG policy update/2018-w11

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This is ORG's Policy Update for the week beginning 12/03/2018.

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    ORG’s work

  * ORG are 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 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 launched an open call for ideas
    <https://action.openrightsgroup.org/new-rights-need-new-services-submit-your-ideas-monday-february-12th>
    to develop a tool for consumers to enjoy their stronger rights under
    GDPR. This is a joint project with Projects by IF
    <https://projectsbyif.com>, funded through a grant from the
    Information Commissioner Office.


    Official meetings

  * Jim Killock met with Dominic Grieve to discuss the immigration
    exemption in the Data Protection Bill.
  * Jim Killock, Myles Jackman and Alex Haydock met with the BBFC to
    discuss their role as age verification regulator.


    UK Parliament


      Data Protection Bill

The Committee Stage of the Data Protection Bill
<https://services.parliament.uk/bills/2017-19/dataprotection.html>
started this week on Tuesday 13 March
<https://hansard.parliament.uk/commons/2018-03-13/debates/bf212b23-d1f0-4207-a2da-7b2fa6ccee9b/DataProtectionBill%28Lords%29%28FirstSitting%29>,
continuing on Thursday 15 March. ORG have consistently campaigned
against the immigration exemption contained in the Bill.

The Committee debated immigration exemption on 13 March
<https://hansard.parliament.uk/commons/2018-03-13/debates/41603d40-9a08-4722-8a0a-a7295bc764c7/DataProtectionBill%28Lords%29%28SecondSitting%29>.
Shadow Digital Minister Liam Byrne presented strong arguments why the
exemption should be removed from the Bill with support from other Labour
and SNP MPs. However, the Government maintained their position that the
exemption is necessary to secure effective immigration control. The
Labour amendment to remove the exemption from the Bill was voted down by
the Government 10-9.

To challenge the immigration exemption that still forms part of the
Bill, ORG, along with the3million <https://www.the3million.org.uk/>, are
launching legal action against the Government supported by lawyers from
Leigh Day <https://www.leighday.co.uk/>.

Leigh Day have written to Home Secretary Amber Rudd on behalf of ORG and
the3million, requesting that the immigration exemption be removed from
the Bill, and noting that they intend to launch a legal challenge to the
clause if it is passed into law.

For more information, please see this ORG press release
<https://www.openrightsgroup.org/press/releases/2018/government-warned-legal-action-coming-if-immigration-exemption-enacted>.


On 15 March
<https://hansard.parliament.uk/commons/2018-03-15/debates/831521d4-174f-4150-9099-7817a9e28f8b/DataProtectionBill%28Lords%29%28FourthSitting%29>,
the Committee discussed implementation of Article 80(2)
<https://hansard.parliament.uk/commons/2018-03-15/debates/3927b0fd-a500-42d8-b505-4c4b3ba83ab6/DataProtectionBill%28Lords%29%28MorningSitting%29>
which would allow specialised not-for-profit organisations to represent
unnamed data subjects in complaints to the Information Commissioner's
Office related to breach of their data protection rights. The Bill as it
stands only implements Article 80(1) which allows data subjetcs to
nominate an organisation to represent them in the complaint. The
Government has introduced an amendment which would require a review of
the implementation of Article 80(1) to be conducted first before Article
80(2) could be implemented. Labour proposed a counter-amendment which
would implement the article without an intial review. Due to the
Conservative majority in the Public Bill Committee, the Government
managed to pass their amendment.

The Committee also discussed issues around: meaning of “public
authority” and “public body”, lawfulness of processing: public interest,
special categories of personal data and criminal convictions data, and
automated decision-making authorised by law: safeguards.

The next Public Bill Committee sittings will take place on 20, 22 and 27
March.


    Other national developments


      Enforcement of Age Verification Delayed

On Sunday 10 March, the DCMS published a press release
<https://www.gov.uk/government/news/25m-for-5g-projects-on-the-anniversary-of-the-uks-digital-strategy>
on the UK's digital strategy. Most of the press release was about the
rollout and adoption of 5G technology, but further down in the document,
the DCMS confirmed that they would be extending the deadline for the
adoption of AV from April 2018 to the end of the year:

    Our priority is to make the internet safer for children and we
    believe this is best achieved by taking time to get the
    implementation of the policy right. We will therefore allow time for
    the BBFC as regulator to undertake a public consultation on its
    draft guidance which will be launched later this month.

    For the public and the industry to prepare for and comply with age
    verification, the Government will also ensure a period of up to
    three months after the BBFC guidance has been cleared by Parliament
    before the law comes into force. It is anticipated age verification
    will be enforceable by the end of the year.

This is not unexpected for ORG, as the timescales originally proposed by
the DCMS were extremely tight and the implementation of AV would need to
be very rushed in order to meet the original April deadline.


      'Nazi Dog' Threatening Communications Trial Resumes

YouTube performer Mark Meechan (who goes by the alias 'Count Dankula')
is facing charges in Scotland for posting a video showing a dog he
trained to perform a 'nazi salute' on command.

Meechan is being charged with an offence under the Offensive Behaviour
at Football and Threatening Communications (Scotland) Act 2012
<https://www.legislation.gov.uk/asp/2012/1/crossheading/threatening-communications>,
which carries a potential penalty of imprisonment for up to 5 years, a
fine, or both.

An offence under Section 127
<https://wiki.openrightsgroup.org/wiki/Section_127> of the
Communications Act 2003 is also available as an alternative charge. This
is the offence which was famously used in the 'Twitter Joke Trial'
<https://en.wikipedia.org/wiki/Twitter_Joke_Trial> in 2012, and is the
only one that would be available if Meechan was based in England and
Wales rather than Scotland. The Section 127 offence carries a maximum
penalty of 6 months imprisonment, an unlimited fine, or both.

Meechan's trial is set to resume on Tuesday 20 March in Airdrie Sheriff
Court.


    Questions in the UK Parliament


      Question about cybersecurity and the Internet of Things

Chi Onwurah asked the Secretary of State for Digital, Culture, Media and
Sport, which (a) organisations and (b) Departments were consulted in the
development of the report Secure by Design: Improving the cybersecurity
of consumer Internet of Things.

Margot James responded
<https://www.theyworkforyou.com/wrans/?id=2018-03-07.131551.r0> that the
DCMS, "in conjunction with the National Cyber Security Centre, worked in
close collaboration with a wide range of stakeholders, including
government, industry partners, consumer organisations, academics and
technical experts. The report’s publication, and draft Code of Practice,
is intended to stimulate further dialogue with industry, academia and
civil society over the coming months, with comments sought by 25 April
2018. This will ensure Government and industry activity support the
review and that it collectively balances the need to create effective
incentives for manufacturers, the supply chain and retailers, while
continuing to encourage innovation in new technologies."


    ORG media coverage

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

2018-03-15-The Guardian-Twitter a 'particular challenge' for plans for
online pornography age checks
<https://www.theguardian.com/technology/2018/mar/15/twitter-government-plans-online-porn-age-checks-verification-rules>
    Author: Damien Gayle 
    Summary: Jim Killock quoted on the GDPR providing only general rules
    unsuited to the particularly sensitive information involved in the
    age verification of pornographic websites.
    Topics: Online age verification
    <https://wiki.openrightsgroup.org/wiki/Online_age_verification>,
    Privacy <https://wiki.openrightsgroup.org/wiki/Privacy> 
2018-03-13-The Sun-UK porn laws could lead to blackmail, suicide – and
young Brits turning to extremism
<https://www.thesun.co.uk/tech/5798089/uk-porn-laws-lead-blackmail-extremism-suicide/>
    Author: Sean Keach
    Summary: Myles Jackman quoted extensively in a story about age
    verification technology and the potential downsides.
    Topics: Online age verification
    <https://wiki.openrightsgroup.org/wiki/Online_age_verification>,
    Privacy <https://wiki.openrightsgroup.org/wiki/Privacy>
2018-03-12-BBC News-Online porn age checks delayed in UK
<http://www.bbc.co.uk/news/technology-43370999>
    Author: Zoe Kleinman
    Summary: Myles Jackman quoted in a story about the recent DCMS press
    release confirming the age verification deadline has been pushed back.
    Topics: Online age verification
    <https://wiki.openrightsgroup.org/wiki/Online_age_verification>,
    Privacy <https://wiki.openrightsgroup.org/wiki/Privacy>
2018-03-12-The Independent-Porn age-verification laws delayed by UK
Government amid widespread confusion about how they will actually work
<https://www.independent.co.uk/life-style/gadgets-and-tech/news/porn-age-verification-laws-ageid-youporn-pornhub-mindgeek-uk-government-a8251791.html>
    Author: Andrew Griffin
    Summary: Myles Jackman quoted in a story about the recent DCMS press
    release confirming the age verification deadline has been pushed back.
    Topics: Online age verification
    <https://wiki.openrightsgroup.org/wiki/Online_age_verification>,
    Privacy <https://wiki.openrightsgroup.org/wiki/Privacy>
2018-03-12-Wired UK-The UK's controversial online porn block has been
delayed
<https://www.wired.co.uk/article/porn-confusion-uk-digital-economy-act>
    Author: Matt Burgess
    Summary: Alex Haydock quoted in a story about the recent DCMS press
    release confirming the age verification deadline has been pushed back.
    Topics: Online age verification
    <https://wiki.openrightsgroup.org/wiki/Online_age_verification>,
    Privacy <https://wiki.openrightsgroup.org/wiki/Privacy>
2018-03-12-The Guardian-Porn site age checks are delayed to make sure
officials 'get it right'
<https://www.theguardian.com/world/2018/mar/12/porn-site-age-checks-delayed-government-gets-process-right>
    Author: Damien Gayle
    Summary: Myles Jackman quoted in a story about the recent DCMS press
    release confirming the age verification deadline has been pushed back.
    Topics: Online age verification
    <https://wiki.openrightsgroup.org/wiki/Online_age_verification>,
    Privacy <https://wiki.openrightsgroup.org/wiki/Privacy>


    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>
  * Martha Dark, Chief Operations Officer
    <https://www.openrightsgroup.org/people/staff#martha>
  * Matthew Rice, Scotland Director
    <https://www.openrightsgroup.org/people/staff#matthew>
  * Myles Jackman, Legal Director
    <https://www.openrightsgroup.org/people/staff#myles>
  * Slavka Bielikova, Policy Officer
    <https://www.openrightsgroup.org/people/staff#slavka>
  * Alex Haydock, Legal Officer
    <https://www.openrightsgroup.org/people/staff#alex>
  * Ed Johnson-Williams, Campaigns
    <https://www.openrightsgroup.org/people/staff#ed>
  * Mike Morel, Campaigns
    <https://www.openrightsgroup.org/people/staff#mike>
  * Caitlin Bishop, Campaigns Communication Officer
    <https://www.openrightsgroup.org/people/staff#caitlin>
  * Lee Maguire, Tech <https://www.openrightsgroup.org/people/staff#lee>

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