4 1 January 2007

News:

The UK Government is to amend section 60 of the Data Protection Act to introduce a maximum conviction, on indictment, of two years imprisonment for people who trade in - or deliberately misuse - the personal data of others.

Guernsey's Data Protection Commissioner, Dr. Peter Harris, is seeking prison sentences for violation of section 55 of the Data Protection (Bailiwick of Guernsey) Law, 2001, after the first successful prosecution resulted in a £300 fine.

The European Central Bank (ECB) should have prevented the major privacy breach in SWIFT data transfers to the US, according to an opinion issued by The European Data Protection Supervisor (EDPS).

Features:

Attempting to give a succinct and coherent definition of the term 'personal data' can easily become one of those embarrassing moments in the life of a data protection specialist. By the time one manages to describe what this fundamental term means, a timid nod by the confused listener is likely to be the response by those too polite to show that the explanation didn't make much sense. A further attempt to elaborate by referring to case law or opinions by the regulatory authorities invariably does more harm than good as the level of confusion only increases. At the end of the conversation, whoever asked the question regrets ever raising the issue whilst the expert resorts to the dreadful "it depends on the circumstances of the case..."

Social networking sites rely on the exchange of personal data, which present a number of unique data protection and privacy problems. Adam Mitton, a solicitor at Harbottle & Lewis LLP, sets out how these problems can be minimised by carefully drafted sign-up and privacy policies.

Last Autumn, Information Commissioner Richard Thomas issued a report warning that the UK was 'waking up' to a surveillance society which was, in fact, all around us. In this article, Nick Graham and Helen Anderson of Denton Wilde Sapte LLP, examine the concept of a surveillance society and assess the balance between the benefits of surveillance, and the Information Commissioner's concerns.

The Clive Goodman case provided proof that an underground trade in personal information, as highlighted by the Information Commissioner in his 'What Price Privacy?' report, is utilised by journalists. Kate Macmillan, a partner at Taylor Macmillan and a specialist in libel and privacy law, highlights how the case is likely to impact the 'business' of buying and selling personal information, and discusses how it could lead to an explosion in civil claims from victims of the 'business'.

A recent Court of Appeal case, Evans v Bolton School, provides important guidance on the scope of protection offered to whistleblowers under the Public Interest Disclosure Act 1998. James Warren, solicitor, Field Fisher Waterhouse, outlines the case and how it illustrates the limits of protection offered to whistleblowers.

With US citizens' growing concerns about privacy, rapid developments in information technology and recent changes in Congressional leadership, 2007 is likely to introduce new developments to the US privacy landscape, particularly at Federal level. M. Ryan Calo and Hrishi Karthikeyan, associates at Covington & Burling LLP's Washington DC office, look at potential developments.

In December, the Catalan Data Protection Authority (ADPCAT) organised a series of formal discussions to consider the Prum Convention, an international agreement designed to combat crime, illegal immigration and terrorism. Esther Mitjans, director of ADPCAT, considers the data protection implications of the Convention.