Dear Colleagues

Please find below details of our courses in early October 2010. All are in city centre hotels. The cost is £265 plus vat which includes course materials, refreshments and lunch.

You can book online or by phone on 01924 451054.

Email and Internet Monitoring - 5th October - Manchester

Monitoring and recording of employees’ email, internet and telephone usage (with or without consent) is a legal minefield. This workshop provides a thorough examination of the law and practice in this area. We will look in detail at Part 1 of the Regulation of Investigatory Powers Act 2000 (RIPA) as well as the Lawful Business Practice Regulations, the Human Rights Act 1998 and the Data Protection Act 1998 (and related codes of practice).

Details: http://www.actnow.org.uk/courses/347

Handling Requests for Personal Data - 5th October - London

Requests for access to personal data held by public sector organisations are on the increase. Whether they are Data Protection Subject Access Requests or requests for access to third party personal data, this workshop will shed light on the law and best practice in this complex area. The impact of the Freedom of Information Act and the Data Protection Act will be considered, as well as individuals’ right to privacy under Human Rights legislation. The latest caselaw and  Information Commissioner and Tribunal/Court of Session decisions will be explained. Delegates will also discuss sector specific case studies and practice the drafting of responses to requests.

Details: http://www.actnow.org.uk/courses/433

FOI: Latest Decisions and the Public Interest Test - 6th October - Manchester

Under the Freedom of Information Act 2000 (FOI), every month there are around twenty decisions published by the Information Commissioner and five by the Information Tribunal. It is essential that all FOI practitioners keep up to date with these and other developments. This workshop examines all the latest FOI decisions and guidance and applies them to real life scenarios. It is packed full of case studies designed to teach delegates the key factors to be considered when making decisions about FOI exemptions and the Public Interest Test. Time will also be devoted to practicing the drafting of Refusal Notices, a subject which the Information Commissioner has drawn attention to in his decisions. Delegates will also receive a comprehensive training pack containing useful checklists and guidance notes.

Details: http://www.actnow.org.uk/courses/364

CCTV does not always get it right!

Stephen McAleer was walking home with his fiancee when his local police force saw him on CCTV carrying a knife. Stephen had previous convictions for assault, prompting the cops to swoop down and throw him in prison for three months.

Actually it was a rose he was carrying!

http://www.bigbrotherwatch.org.uk/home/2010/08/man-carrying-rose-caught-on-cctv-carrying-a-knife.html

Stephen McAleer lost three months to prison; for some people the simple trauma of being thrown in jail would have a profound effect on their lives.

http://www.independent.co.uk/life-style/gadgets-and-tech/news/google-chief-my-fears-for-generation-facebook-2055390.html

Eric Schmidt, the chief executive of Google, has issued a stark warning over the amount of personal data people leave on the internet and suggested that many of them will be forced one day to change their names in order to escape their cyber past.

In a startling admission from a man whose company has made billions by perfecting the art of hoarding, storing and retrieving information on us, Mr Schmidt suggested that the enormous quantity of detail we leave online may not be such a good thing after all.

http://finance.yahoo.com/news/Web-Photos-That-Reveal-nytimes-2375510549.html?x=0&.v=1

Security experts and privacy advocates have recently begun warning about the potential dangers of geotags, which are embedded in photos and videos taken with GPS-equipped smartphones and digital cameras. Because the location data is not visible to the casual viewer, the concern is that many people may not realize it is there; and they could be compromising their privacy, if not their safety, when they post geotagged media online.

Interesting case which cuts across  data protection, freedom of information and the law of confidentiality.

http://www.bbc.co.uk/news/uk-scotland-south-scotland-10924910

The US senate committee examining the release of the convicted Lockerbie bomber is calling for his medical records to be released. It comes after Scottish Labour demanded the publication of the evidence which led to Abdelbaset Ali al-Megrahi being given less than three months to live.

Megrahi was released on compassionate grounds in August last year.The Scottish government confirmed it had received the letter and would reply "in due course."

Ministers have already published a report which led to the decision to release the Libyan. The report, published by the Scottish Prison Service's medical chief, Dr Andrew Fraser, suggested last August that Megrahi - who has terminal prostate cancer - had three months to live. Labour said the medical advice which led Dr Fraser to his conclusion should be published, along with the names of the doctors who provided it.

Just in case you missed today's RIPA webcast on the Poole Council decision you can now watch the recording: http://www.actnow.org.uk/content/50

The next one will be a Freedom of Information Update in September. You can register now on our website.

Our next RIPA Update course is in Belfast, London and Manchester in the Autumn

http://www.actnow.org.uk/courses/Surveillance_Law

You may also wish to consider purchasing our RIPA Forms guidance which is proving very popular with local authorities:

http://www.actnow.org.uk/content/26

Finally please feel free to get in touch if we can assist with any of your in house RIPA training needs.

A disproportionately high concentration of CCTV cameras located in mainly Muslim areas of Birmingham continues to trigger concern from residents. The system will not be dismantled and despite earlier assurances could yet be used for counter-terrorism purposes, West Midlands Police have told the BBC

http://www.bbc.co.uk/news/uk-10888985

http://www.bbc.co.uk/news/education-10887082

A £235m government database containing the records of England's 11 million children is being switched off. ContactPoint was established in the wake of the Victoria Climbie child abuse case to aid child protection.

The system, which has been running since January last year, was always controversial and was set to cost a further £41m a year. Many said it was useful in tracking children and discovering the truth about the way they are cared for.In July, Children's Minister Tim Loughton confirmed that the government was scrapping the scheme.

The Government is looking at establishing a new national service which would focus on helping practitioners find out whether another practitioner is working, or has worked, in another authority area with a child.

Decommissioning of the information contained on the database will begin at noon on Friday.

The latest reports by the various Commissioners in charge of inspecting public bodies under different parts of RIPA have been published:

http://www.lacors.gov.uk/lacors/ContentDetails.aspx?id=24169

I may comment on these in next week's RIPA update webcast:

http://www.actnow.org.uk/content/50

Regards

Ibrahim Hasan

www.actnow.org.uk

Follow me on Twitter @ActNowTraining

My article on the new RIPA Review has just been published in the Local Government Lawyer :

http://twurl.nl/2ocqbu
     
Ibrahim Hasan
        
Follow me on Twitter @ActNowTraining

Poole Council was recently found to have violated the human rights of a mother and her family when doing covert surveillance  under Part 2 of the Regulation of Investigatory Powers Act (RIPA).

Ibrahim Hasan is doing a free webcast next week where he will examine the decision in detail and the new RIPA review announce by the Coalition Government which will report in the Autumn.


To register: http://www.actnow.org.uk/content/50

You can now get the latest news and views on information and surveillance law direct to you computer, mobile or smartphone by subscribing to our Twitter feed:

http://twitter.com/ActNowTraining

The recent tweets have all been about the IPT decision on Poole Council's use of RIPA.

Please feel free to pass this e mail on.

Colleagues

http://www.lawgazette.co.uk/

My article on the Government's Information Law proposals has just been published in the Law Society Gazette. You can download a word version from our website:

http://www.actnow.org.uk/content/45

You can also view my webcast on this topic:

http://www.actnow.org.uk/content/50

There were some technical difficulties today which meant that some of you had problems listening or asking questions in our web seminar on the Government's Information Law proposals. We are sorry about this and are working with the providers to tackle these issues.

You can still watch the recording (as well as previous web seminars) at:

http://www.actnow.org.uk/content/50

If you would like a copy of the slides please e mail info@actnow.org.uk

Solicitors and Legal Executives can claim half a CPD point.

If I did not answer your question please feel free to post it to the Ask Ibrahim section:

http://www.informationlaw.org.uk/userimages/forum.htm

My next web seminar will be on 16th September 2010 at 11am on the subject of the latest Freedom of Information cases.

Documents released in the High Court this week reveal for the first time some of the behind-the-scenes debates in Whitehall over whether the UK should work with the US on Guantanamo Bay - and how the decision was taken to allow British citizens to be taken to the camp.

Somewhere in London, there is a secure room where some 80 lawyers and officials are reading through 500,000 documents - and deciding which will see the light of day.

http://www.bbc.co.uk/news/uk-10641330

To me this story shows that the search for openness and transparency is not the exclusive domain of the Freedom of Information Act. Judges have a role to play too

http://news.bbc.co.uk/1/hi/politics/10619419.stm

Just when council’s are trying to meet the challenge of implementing the changes to Part 2 of the Regulation of Investigatory Powers Act 2000 (RIPA) (in force on 6th April 2010), it seems that the Act is due for another overhaul. Home Secretary Theresa May today (Tuesday 13th July 2010) announced a review "focusing on which security powers could be scaled back in order to restore the balance of civil liberties ."

http://www.homeoffice.gov.uk/media-centre/press-releases/counter-powers

The review will cover six key areas, encompassing what the Home Secretary said were the most "controversial and sensitive powers" available to government to deal with terrorist threats. These are:

• use of control orders
• stop and search powers in section 44 of the Terrorism Act 2000 and use of terrorism legislation in relation to photography
• detention of terrorist suspects before charge
• extending the use of deportations with assurances to remove foreign nationals from the UK who pose a threat to national security
• measures to deal with organisations that promote hatred or violence
• use of the Regulation of Investigatory Powers Act 2000 by local authorities, and access to communications data in general

Colleagues

We have just published the latest issue of the Act Now Information Law newsletter:

http://www.actnow.org.uk/content/55

In it you will find news of the latest developments and cases in the world of data protection, freedom of information and surveillance law (RIPA).

• The Coalition Government's Plans for More transparency
• Latest ICO and Tribunal Decisions
• Disclosure of Statistics
• ICO Enforcement Action
• Latest News on Information Security (including a free training package)
• Changes to RIPA
• CCTV controversy in Birmingham

...and much more

Organisations that flout privacy online risk a double whammy of enforcement action by the Information Commissioner’s Office and the loss of trust from customers.

In a major speech on privacy protection today, Christopher Graham, the Information Commissioner, appealed to businesses, charities and public bodies to be straight with consumers so that people know why their personal information is being collected, how it will be used and who else may end up seeing it.

Launching the ‘Personal information online code of practice’ - the first guidance document of its kind – Christopher Graham said: “The benefits of the internet age are clear: the chance to make more contacts, quicker transactions and greater convenience. But there are risks too. A record of our online activity can reveal our most personal interests. Get privacy right and you will retain the trust and confidence of your customers and users; mislead consumers or collect information you don’t need and you are likely to diminish customer trust and face enforcement action from the ICO.”

http://www.ico.gov.uk/upload/documents/pressreleases/2010/personal_information_online070710.pdf

Organisations that adhere to the good practice tips in the Code of Practice will enable consumers to make an informed choice about whether they sign up for a particular online service. Keeping out of date records or not holding personal information securely help nobody and could result in enforcement action.

An example of people power? Is the power shifting from the "Nothing to Hide- Nothing to Fear" Brigade?

http://news.bbc.co.uk/1/hi/england/birmingham/10505574.stm

Hidden cameras in areas of Birmingham with large Muslim populations will be removed and any counter terrorism involvement stopped, police say.

A total of 218 cameras - 72 hidden - were put up in the Washwood Heath and Sparkbrook districts and paid for from a Home Office counter-terrorism fund.

Residents said they were not consulted about it.

The Coalition Agreements promises further regulation of CCTV. There has been little detail  up to now:

http://news.bbc.co.uk/1/hi/uk/10504653.stm

Police cameras that record motorists' movements must be more tightly regulated, Home Secretary Theresa May has ordered.

The 4,000-strong automatic number plate recognition (ANPR) network logs more than 10 million vehicles every day.

The government is to look at limiting access to the database of 7.6 billion images, details of number plates and the date, time and place of capture.

Just a reminder that we are running our ISEB Data Protection course in Manchester starting in September:

http://www.actnow.org.uk/content/29

Over the last few exams our pass rate and success rate has shot up and we are now one of the most successful providers. Please click on the link below to see the latest figures:

http://www.actnow.org.uk/themes/custom2010/ISEB_Pass_Rate_0910.pdf

We are pleased to offer a 10% discount to anyone who books two or more places for the same organisation.  If you have any questions please ring us on 01924 451054

http://news.bbc.co.uk/1/hi/politics/10482482.stm

The six-figure salaries of more than 150 bosses of taxpayer-supported quangos have been published.
The highest sum listed was the £394,999 paid to Olympic Delivery Authority chief executive David Higgins.
He was one of eight senior figures at the body earning in excess of £200,000 a year.

Please see the article on our website about disclosure of civil servants' salaries.

http://www.actnow.org.uk/content/45

Credit agencies have been called in by ministers hunting for massive savings in government spending to help slash Britain's £3bn benefit fraud bill.

A nationwide clampdown on bogus housing benefit claims will be launched this year using techniques borrowed from the private sector for assessing creditworthiness. A similar drive against fraudulent claims for incapacity benefit is expected to follow. The companies will compare information about private household spending – such as utility bills, mobile phone payment details and satellite television subscriptions – against benefit records to identify potential fraudsters.

http://www.independent.co.uk/news/uk/politics/credit-agencies-lined-up-to-pinpoint-benefit-cheats-2015258.html

What concerns me here is the double speak. On the one hand the coalition government promises to restrict council's power to do surveillance (RIPA) and on the other it is planning to bring in the private sector to do more surveillance/information sharing.

Those interested in this area may wish to watch my recent  webcasts on information sharing and surveillance:

http://www.actnow.org.uk/content/50


Regards

Ibrahim Hasan
Director
Act Now Training Limited

www.actnow.org.uk

The BBC Trust has called for the publication of star salaries, marking a policy shift for the corporation's governing body.Chairman Sir Michael Lyons said the BBC had to show that it was not "aloof and separate" from the economic problems the entire country faced.

He said the details of star pay would be revealed in bands, but individual salaries would not be disclosed.

http://news.bbc.co.uk/1/hi/entertainment_and_arts/10468055.stm

Lawrence Serewicz has kindly done an article for Act Now on disclosure of salary information which can be read on our website:

http://www.actnow.org.uk/content/46

Colleagues

Just in case you missed yesterday's free Information Sharing web seminar, you can watch the recording (as well as previous web seminars) at:

http://www.informationlaw.org.uk/page24.htm

Solicitors and Legal Executives can claim half a CPD point.

My next web seminar will be on 22nd July at 11am on the subject of the Government's Proposals on Information and Surveillance Law.

Regards

Ibrahim Hasan

Colleagues
 
There was in the past a regional group called the Yorkshire and the Humber Data Protection Forum.
 
In recent years it hasn’t been as effective but we are hoping to revive the group and extend its remit into all areas of current Information Law.
 
The inaugural meeting will be in Bradford on 12th July 2010 starting at 1-30 pm. This is a free event. Refreshments served from 1-00 pm. Bring your own questions to discuss on the day.
 
For more details about the event and venue please click on the link below.
 
http://www.actnow.org.uk/yhig/YHIG_Meeting120710.pdf
 
To attend please email info@actnow.org.uk with Y&H meeting in the subject line

Regards

Ibrahim Hasan

If you think these have gone forever think again...

http://news.bbc.co.uk/1/hi/magazine/8748441.stm

The Summary Care Record (SCR) and HealthSpace technologies, introduced in the NHS as part of the National Programme for IT (NPfIT), have so far demonstrated only modest benefits according to the final report of a three-year independent evaluation carried out by UCL researchers.

The report’s publication coincides with the publication of a research paper based on the findings in the British Medical Journal

http://www.ucl.ac.uk/news/news-articles/1006/10061703

I will be looking at the subject of information sharing during next weeks free live web seminar:

http://www.informationlaw.org.uk/page24.htm

The vetting scheme for nine million people working with children and vulnerable adults in England, Wales and Northern Ireland has been halted.

Home Secretary Theresa May has announced that registration, due to begin next month, has been put on hold.

http://news.bbc.co.uk/1/hi/education/10314055.stm

Colleagues

I am doing a free web seminar on Multi Agency Information Sharing next week:

Wednesday 23rd June 2010 at 11am

I will be examining the different laws which come into play when sharing personal information. I will also discuss the latest High Court decision which sheds light on this difficult issue.  There will be an opportunity to watch the live broadcast with slides and ask questions in real time.

Many of you have already registered. If this is your first time watching a web seminar, may I ask that you go on to our website and try out a recording of  a previous webcast. This will ensure that you can iron out any problems before this event.

For those of you who have not registered there is still time and it’s free. Please go to:

http://www.actnow.org.uk/content/50

Regards

Ibrahim Hasan
Director
Act Now Training Limited

www.actnow.org.uk

The Coalition Agreement states that :

"We will ban the use of powers in the Regulation of Investigatory Powers Act (RIPA) by councils, unless they are signed off by a magistrate and required for stopping serious crime" (page 12)

Hugo Rifkind, of the Times, has written an excellent piece in the Spectator arguing that there is no need to curtail councils' powers to do covert surveillance and that they are a force for good:

http://www.spectator.co.uk/print/columnists/all/6025773/dont-fear-the-ripa-regulations-have-to-be-enforced-sometimes-even-covertly.thtml

The article is well worth a read especially for those who have not grasped what RIPA is about (including the new Government) and call it "anti terror" legislation. My webcasts on the new RIPA codes of Practice may also be useful:

http://www.actnow.org.uk/content/50

BBC Radio 4 Thurs 10 June 2010  20:00-20:30

Law in Action Program

All about Police Surveillance v  Privacy - will be available to hear in Listen Again for 7 days:

http://www.bbc.co.uk/iplayer/episode/b00sm6ct/Law_in_Action_08_06_2010/

or download the podcast:

http://www.bbc.co.uk/podcasts/series/law/

Thoughtful and worth listening to.

Act Now Training is pleased to announced that again our delegates have achieved outstanding results in the ISEB Data Protection exams which took place in April 2010

Led by Paul Simpkins, the course was run in London in March and April 2010. We had 10 delegates from a range of backgrounds but mainly from local government. 9 delegates passed with an average mark of 58%. The pass mark is 50%.
 
We have more ISEB courses planned for Manchester, London and Edinburgh later in the year.
 
Please consult out website for more details about each course. You can also see a sample of our successful candidates and read their testimonials.
 
http://www.actnow.org.uk/content/29
 
Please feel free to get in touch if you would like to discuss any aspects of the courses.
 
Regards
 
Ibrahim Hasan
 
Solicitor and Trainer
www.informationlaw.org.uk

TSO recently launched OpenUp, a challenge to encourage the British public to think about the government data they use in the course of their lives, for example parents may need data on local schools, or those looking to buy a property might want crime statistics for the area.

OpenUp asks data users to consider how they would like this information presented to them. What do they need to make informed decisions and how do they want that information presented: on a map, combined with other statistics, or delivered as a regular email?

If you have an idea you would like to enter into the OpenUp challenge, simply visit:
 
www.tso.co.uk/openup

 and submit your idea online by 29 October 2010. The best five ideas will then be selected and if yours is one of them you will be invited to pitch your idea to our panel of experts.

The winning OpenUp entry will be brought to life with a £50,000 development fund from TSO, as well as a £1,000 personal prize for the creator of the winning idea.

Previously unreleased information about government spending is due to be published as part of a drive to open up official data to the public.
The Treasury is to announce that it will make details available from its Coins database, which lists all expenditure across Whitehall.

It is one of a number of initiatives by the new government designed to increase openness and accountability.

Details of civil servants earning more than £150,000 were published last week, while information about all future government spending above £25,000 is due to become available from November.

http://news.bbc.co.uk/1/hi/politics/10233240.stm

More than 170 civil servants are paid more than Prime Minister David Cameron's £142,500-a-year salary, according to Cabinet Office figures.

The salaries of those earning over £150,000 were revealed for the first time in a bid to aid transparency. The government says increased transparency on senior pay will "help win back people's trust". 

http://news.bbc.co.uk/1/hi/uk/10200387.stm

Prime Minister David Cameron has set out plans to make more government data accessible to the public.

Mr Cameron said he wanted to rip off the "cloak of secrecy" around government and public services - and extend transparency as far as possible.

Data being made available includes items of major government spending and the pay of top civil servants.

http://news.bbc.co.uk/1/hi/politics/10195808.stm

The prime minister also believes it will add to economic growth as the private sector collates the new information and offers it in different ways to the public.

Ministers quote research from Cambridge University that suggests such information could add £6bn to the economy.

Ibrahim Hasan

www.actnow.org.uk

Interesting Article on CCTV and the Big Brother Watch Report

http://www.lawgazette.co.uk/blogs/news

Note the bit at the end:

"Law Society president Robert Heslett said the centre would help reverse the erosion of civil liberties brought about by the disproportionate use of surveillance technology. The Law Society would be ‘a key player in a coalition of individuals and organisations concerned with the legal and human implications of surveillance in the UK and internationally,’ he said. And he has called upon lawyers and activists to become involved in the centre’s work. For anyone who is interested, see the Privacy Rights Centre website."

The Queen's Speech was published today. It contains proposals for a Freedom Bill which may make some changes to RIPA. You can read the proposals on the Downing Street website:

http://www.number10.gov.uk/queens-speech/2010/05/queens-speech-freedom-great-repeal-bill-50647

The only concrete bit on RIPA at present is as follows:

"Ensuring anti-terrorism legislation strikes the right balance between protecting the public, strengthening social cohesion and protecting civil liberties."

I do not think that RIPA will be repealed although there may be a few changes. It's too early to say what these will be but I do not think it will involve curtailing it to such an extent where councils will no longer be able to use it. Also the involvement of Magistrates (as some have suggested) is a non starter/unworkable.

See my RIPA webcasts : http://www.informationlaw.org.uk

Big Brother Watch has a new report out today, on councils using covert surveillance to spy on people.

 You can read the report here:

http://www.bigbrotherwatch.org.uk/home/2010/05/the-grim-ripa-local-councils-authorising-11-covert-surveillance-operations-a-day.html

Also  http://www.pressandjournal.co.uk/Article.aspx/1749769?UserKey= 

No doubt this will lead more "ant-terror powers" headlines in the media.

There are plenty of RIPA resources on my website including:

Two RIPA webcasts on the latest changes
A summary article om the changes
The new RIPA forms guidance document

see: http://www.informationlaw.org.uk

I have just published episode 22 of my FOI Podcast in which I discuss decisions of the First Tier Tribunal (Information Rights) for the three months up to the end of April 2010 on:

·      Late reliance on exemptions

·      Vexatious requests

·      Information about animal testing

·      Anonymised personal data

·      Information about employees and old personal data

·      Disclosure of legal advice

I also examine the latest decisions on access to property search information under EIR.

http://www.informationlaw.org.uk/page24.htm

Please feel free to pass on this e mail to interested colleagues.

Regards

Ibrahim Hasan

Solicitor and Trainer

www.informationlaw.org.uk

Colleagues who advise on surveillance and RIPA will find this story interesting:

The European Court of Human Rights has rejected a claim that the UK's Regulation of Investigatory Powers Act (RIPA) violates the human right to a private life. The UK's rules and safeguards on covert surveillance are proportionate, said the court. The European Court of Human Rights has rejected a claim that the UK's Regulation of Investigatory Powers Act (RIPA) violates the human right to a private life. The UK's rules and safeguards on covert surveillance are proportionate, said the court.

http://www.theregister.co.uk/2010/05/20/surveillance_human_rights_ruling/

So now the ECHR has given the thumbs up to RIPA will the ConLib alliance continue to with its proposals to curb this "anti terror legislation?"

I have done two webcasts on the latest changes to RIPA which can be found on our website:

http://www.actnow.org.uk/content/50

If you are a solicitor or Legal Executive you can claim half a CPD point for each webcast you watch.


Regards

Ibrahim Hasan
Director
Act Now Training Limited

www.actnow.org.uk

Google has admitted that for the past three years it has wrongly collected information people have sent over unencrypted  wi-fi networks.

The issue came to light after German authorities asked to audit the data the company's Street View cars gathered as they took photos viewed on Google maps.

Google said during a review it found it had "been mistakenly collecting samples of payload data from open networks".

http://news.bbc.co.uk/1/hi/technology/8684110.stm

What else is Google doing that we do not know about?

Regards

Ibrahim Hasan
Director
Act Now Training Limited

Please see our exciting new website:

www.actnow.org.uk

My next free web seminar is on Wednesday 19th May at 11am.

I will be discussing the latest FOI decisions from the Tribunal including:

·      Late reliance on exemptions

·      Vexatious requests

·      Information about animal testing

·      Anonymised data

·      The Church of Scientology

·      Disclosure of legal advice

I will also examine the latest cases on access to CON29 property search information.

There will be an opportunity to watch the live broadcast with slides and ask questions in real time.

Please click on the links below for more details. You will have to register but it's absolutely free.

http://www.actnow.org.uk/content/50

Please feel free to pass on this e mail to interested colleagues.

Now that we have a "CONLIB Love In" it is interesting to note what the parties have agreed about information/surveillance law:

http://www.libdems.org.uk/latest_news_detail.aspx?title=Conservative_Liberal_Democrat_coalition_agreements&pPK=2697bcdc-7483-47a7-a517-7778979458ff

The scrapping of :
- the ID card scheme
- the National Identity register
- the next generation of biometric passports 
- the Contact Point Database (all that work wasted???)

Outlawing the finger-printing of children at school without parental permission.

The extension of the scope of the Freedom of Information Act to provide greater transparency (More organisations to be added??)

Adopting the protections of the Scottish model for the DNA database.

The review of libel laws to protect freedom of speech.

Safeguards against the misuse of anti-terrorism legislation (Changes to RIPA? although it is not anti terror legislation)

Further regulation of CCTV (A CCTV Act???)

Ending of storage of internet and email records without good reason.


Regards

Ibrahim Hasan
Director
Act Now Training Limited

www.actnow.org.uk

A London CCTV camera is earning almost £1 million a year in fines from local motorists. The camera, located outside Clapham South underground station in south west London, has caught an average of 23 drivers a day, each of which have been fined £100 for pulling into a bus stop outside the station to drop off passengers.

http://uk.cars.yahoo.com/04052010/36/cctv-camera-earns-pound-1-million-year-mot-0.html

Animals' right to privacy needs to be taken more seriously by wildlife documentary makers, suggests research.

The ethics of the media and privacy should be extended beyond humans to the animal world, suggests Brett Mills at the University of East Anglia.

http://news.bbc.co.uk/1/hi/education/10093327.stm

Some people may agree. Others may think this is form the manifesto of the Monster Raving Loony Party!

Get it?

Colleagues may be interested in our new look website:

http://www.actnow.org.uk/

We would welcome any feedback - offline please.

Regards

Ibrahim Hasan
Director
Act Now Training Limited

www.actnow.org.uk

You can read our April 2010 newsletter by clicking on the link below:
 
http://www.actnow.org.uk/content/49
 
 In this issue you will find articles on:

Access to the files of the deceased
Disclosure of university course materials
FOISA in Scotland
£500 fines for DP offences
DP news roundup
Part 2 of RIPA: the new law
...And much more
 
You can also access our previous newsletters by visiting our website: www.actnow.org.uk
 

Colleagues

I am doing a free web seminar on the new RIPA Codes of Practice next week:

RIPA Update: The New Codes – Tuesday 13th April 2010 at 11am

The new RIPA codes, which came into force on 6th April 2010, will have a big impact on the way public authorities do covert surveillance. Amongst other things, I will be discussing CCTV, noise monitoring, collaborative working, test purchases and member involvement. There will be an opportunity to watch the live broadcast with slides and ask questions in real time.

Many of you have already registered. If this is your first time watching a web seminar, may I ask that you go on to our website and try out a recording
of  a previous webcast. This will ensure that you can iron out any problems before this event.

For those of you who have not registered there is still time and it’s free. Please go to:

http://www.informationlaw.org.uk/page24.htm

Feel free to pass this link on to interested colleagues in Legal, Environmental Health, Licensing and Trading Standards.

Regards

Ibrahim Hasan

Colleagues
 
BrightTALK are running a free Data Privacy & Security Summit on April 8th or on-demand after. The full day of live, interactive webcasts will feature a global program of 16 webcasts and can be accessed from the convenience of your desk.

If you miss the event, you can watch the recorded version on-demand.  You can view the full summit lineup here:
http://www.brighttalk.com/summit/dataprivacy
 
Some speakers and topics include:
 
Privacy, Data Protection and Security – Post UK Election
Toby Stevens, Director, Enterprise Privacy Group
 
Navigating Data Privacy Issues in Cloud Computing
Hazel Grant, Partner, Bristows
 
Next Generation Privacy Enhancing Technologies (PETs)
Marc Sel, Director of Information Protection, PwC Belgium
 
Challenges in Achieving Global Privacy: Latest Compliance Changes
Jan-Boris Wojtan, EALA Data Privacy Lead, Accenture
 
Privacy in Today's Cloud Infrastructures
John T. Sabo; CA, Director of Global Government Relations
 
Register Now: http://www.brighttalk.com/summit/dataprivacy
 
This summit is part of a monthly series of Information Security thought leadership online events. You can engage live with the speakers or view it after on-demand.
 
 
Kind regards,
 
Ibrahim Hasan

Colleagues

The new RIPA (Part 2) Codes of Practice came into force today:

http://security.homeoffice.gov.uk/ripa/making-an-app-under-RIPA/codes-of-prac/index.html

I am pleased to announce that you can now download an extract of my popular RIPA Forms Guidance Manual to evaluate: http://www.actnow.org.uk/content/26

It consists of each form reproduced with detailed notes on how to complete each section. Version 3 (April 2010) of the Guidance has been fully revised in the light of the new RIPA Order and Codes of Practice. The Home Office forms still make reference to the old codes. Our forms are reproduced with references to the new codes.

We are also doing a series of workshops examining the new codes in Bristol, Manchester, Belfast and London:

http://www.actnow.org.uk/courses/RIPA/Surveillance_Law

Regards

Ibrahim Hasan

The National Archives yesterday published the new self assessment tool to support compliance with the Records Management Code issued under s.46 of the Freedom of Information Act, as revised in July 2009.

The link below will take you to the relevant web-page:

http://www.nationalarchives.gov.uk/recordsmanagement/assessing-rm-public-authorities.htm

Don't forget we are doing a workshop on the new code in Manchester on 11th May 2010:

http://www.actnow.org.uk/courses/382


Ibrahim Hasan

www,informationlaw.org.uk

I spoke at the RMS Conference last week in Manchester. My session was entitled FOI Update.

Those interested can download the slides at:

http://www.actnow.org.uk/content/45

Regards

Ibrahim Hasan

Act Now Training

www.actnow.org.uk

The Welsh Assembly Government, supported by the Welsh Local Government Association, will be hosting an excellence day on the application of the Regulation of Investigatory Powers Act 2000 (RIPA).

The event will be held on 21st April at the SWALEC Stadium, Cardiff from 10am.

http://www.wlga.gov.uk/english/events/excellence-day-regulation-of-investigatory-powers-act-2000-ripa/

I am one of the facilitators.

I think attendance is free but you may just want to check with the organisers.

At least 100,000 non-medical staff in NHS trusts have access to confidential patient records, claim campaigners.

Big Brother Watch, who based the figure on 151 responses from trusts, said it demonstrated "slack security".

The group says hospital domestics, porters, and IT staff are among those with access to records in some trusts.

http://news.bbc.co.uk/1/hi/health/8587898.stm

To what extent can or should local authorities share information about individuals thought to pose a risk to children?

In the recent case of H & L v X City Council and Y City Council [2010] EWHC 466 (Admin), the Administrative Court considered this question in a case involving the disclosure of information by a local authority about a severely disabled man (H) who had been convicted of indecent assault on a child. More details can be read at:

http://www.bailii.org/ew/cases/EWHC/Admin/2010/466.html

I will be discussing this case in detail during my forthcoming workshop  on Multi Agency Information Sharing in Manchester on 5th May 2010:

Dear Colleagues

Act Now Training is pleased to announced that it's recent delegates on the ISEB Courses leading to the Certificates in Data Protection and Freedom of Information have achieved outstanding results in the exams which took place in January 2010.

Data Protection - Led by Paul Simpkins and Tim Turner, the course was run in Manchester and Edinburgh in December/January. We had 23 delegates from a range of backgrounds but mainly from local government.

So far 76% of all delegates have passed the exam with an average mark of 60%.

We are currently running the course in London and have more planned for Manchester and Edinburgh later in the year. To download a detailed flyer click here

Freedom of Information - Led by Ibrahim Hasan, the course was run in Manchester in December/January. We had 13 delegates from a range of backgrounds but mainly from local government.

So far 91% of all our delegates have passed the exam with an average mark of 60%.

The next course is in London starting in June. To download a detailed flyer click here

Delegate Details and Testimonials

Please consult our website for more details about each course. You can also see a sample of our successful candidates and read their testimonials.

http://www.actnow.org.uk/content/29

Please feel free to get in touch if you would like to discuss any aspects of the ISEB courses.

Regards

Ibrahim Hasan

www.actnow.org.uk

Council chief executives leaving their jobs early are pocketing an average pay-off of £256,104, a local government spending watchdog report has found.The Audit Commission said of the 37 given severance deals by English councils since 2007, 13 got more than £300,000 and three more than £500,000.The government said new ways to "claw back" taxpayers' money had to be found.

http://news.bbc.co.uk/1/hi/uk_politics/8569237.stm

Thus far the ICO, when dealing with appeals relating to this subject, has always said that payoff information is personal data and should not be disclosed.

In the light of the renewed public interest this report will create, coupled with the inevitable public funding cutbacks after the election, will he decide  that there is a legitimate interest in knowing such information in the future?


Ibrahim Hasan

Please find below a link to another article on the RIPA changes which come into force on 6th April 2010:

http://tiny.cc/1b7ke

Sorry to bombard you with RIPA stuff but this is more comprehensive than previous ones.

Feel free to pass this e mail on to others. Let me know if you want a pdf version.

Regards

Ibrahim Hasan

Dear Colleagues

I previously discussed the changes coming into force on 6th April 2010 to the RIPA Regime. At the time the orders giving effect to the changes were still in draft.

They have now been approved by Parliament:

The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 SI 2010/52

http://www.opsi.gov.uk/si/si2010/uksi_20100521_en_1

The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Code of Practice) Order 2010 SI 2010/462

http://www.opsi.gov.uk/si/si2010/uksi_20100462_en_1

The Regulation of Investigatory Powers (Covert Surveillance and Property Interference: Code of Practice) Order 2010 SI 2010/463

http://www.opsi.gov.uk/si/si2010/uksi_20100463_en_1

You can read a briefing note about the changes these orders make on my website:

http://www.informationlaw.org.uk/page18.htm

I am doing a workshops where these order will be examined in detail:

http://www.actnow.org.uk/courses/RIPA/Surveillance_Law


Regards

Ibrahim Hasan

Solicitor and Trainer
www.informationlaw.org.uk

CCTV cameras that can pick out abandoned luggage, suspicious behaviour and lock onto potential suspects are being developed by UK researchers.
It is hoped the technology could help prevent terrorist attacks by spotting odd elements in a situation before it can escalate.

http://news.bbc.co.uk/1/hi/uk/8561367.stm

Regards

Ibrahim Hasan
Director
Act Now Training Limited

www.actnow.org.uk

Bexley council is going to name FOI applicants

http://www.thisislocallondon.co.uk/news/5050252.BEXLEY__Freedom_of_Information_applicants_to_be_named_by_council/

Would this not be a breach of the DPA?

See also episode 18 of my FOI podcast where I discuss this issue under section 41.

I wonder if this will catch on?


Ibrahim Hasan

Software on mobile phones can be used to track the owner's every move and listen in on every phone call.

It costs as little as $50.

Watch the video on my website under "Surveillance Videos":
 
http://www.informationlaw.org.uk/page21.htm

We know it's a criminal offence and hopefully the courts, the ICO and "Uncle Tom Cobley and all" would throw the book at the perpetrators

but, if it is this easy, why is every journalist not using this software?

Or are they???

Privacy campaigners claim increasing numbers of councils are gearing up for "pay as you throw" rubbish charges by installing microchips in wheelie bins.

The Big Brother Watch group says its survey found 68 UK authorities with the technology at their disposal - up from 42 last year - with chips in 2.6m bins.

http://news.bbc.co.uk/1/hi/uk/8550929.stm


Regards

Ibrahim Hasan

Solicitor and Trainer
http://www.informationlaw.org.uk

A scheme allowing parents to check if someone is a sex offender will be rolled out across England and Wales by March 2011, the Home Office says.

A year-long pilot has already protected 60 children, ministers say. A similar scheme is to be launched in Scotland.


http://news.bbc.co.uk/1/hi/uk/8546126.stm

Colleagues

Please find below a link to the latest Information Law newsletter from Act Now Training.

http://www.actnow.org.uk/content/23

You can also read our EIR newsletter.

I was on holiday in January so forgot to post the link.

Regards

Ibrahim Hasan
Director
Act Now Training Limited

Colleagues

My next free web seminar is on 4th March at 11am.

I will be discussing the latest FOI decisions from the ICO and the Tribunal. There will be an opportunity to watch the live broadcast with slides and ask questions in real time.

Please see my website for more details. You will have to register but it's absolutley free.

http://www.informationlaw.org.uk/page24.htm

Please feel free to pass on this e mail to interested colleagues.

Regards

Ibrahim Hasan
Act Now Training
http://www.actnow.org.uk

Ibrahim Hasan's latest podcast has now been published. You can listen to it on his website:

http://www.informationlaw.org.uk/page20.htm

You can also subscribe to the fee in your RSS feed reader:

http://informationlaw.jellycast.com/podcast/feed/5

In the three months upto the end of Janaury 2010 the Information Commissioner published 154 decisions whilst the Information Tribunal published 17. This podcast guides you through some of these.

In this episode, amongst others, we will be discussing decisions involving:

• Redaction costs when dealing with FOI requests
• Another use of the ministerial veto
• Section 36 and the opinion of the qualified person
• The tax status of a conservative peer
• Disclosure of information about the deceased
• When the Breach of Confidence exemption can be invoked
• AND disclosure of commercially sensitive information 
  

Just in case you missed it, the recording for the following webcast is now published and can be viewed online:

Title: Covert Surveillance and RIPA Update

A discussion of the new Orders and Codes of Practice on RIPA and their impact on local authorities.

Click this link to view the recording:

http://www.brighttalk.com/dcemail_redirect/webcast/6433

Previous webcasts and articles on the RIPA updates can be viewed at:

http://www.informationlaw.org.uk

Regards

Ibrahim Hasan
Director
Act Now Training Limited

http://news.bbc.co.uk/1/hi/uk/8477310.stm

Parents across England and Wales could be told about sex offenders who may come into contact with their children.

The government is considering rolling out the scheme, currently being trialled in Southampton, Warwickshire, north Cambridgeshire and Stockton.

Following the consultation on RIPA (Part 2 - Covert Surveillance) last year, the Home Office has announced that new codes of practice and regulations will come into force on 6th April 2010. Changes include:

- more guidance on necessity and proportionality
- more of a role for councillors in setting RIPA strategy
- the appointment of a senior officer within organisations to oversee RIPA compliance

I have produced a summary of the new developments which you can download from my website:

http://www.informationlaw.org.uk/page18.htm

I will also be doing a free web seminar on this on 3rd February 2010 at 11am. For more details:

http://www.actnow.org.uk/content/50

http://news.bbc.co.uk/1/hi/technology/8470797.stm

Web founder Tim Berners-Lee has unveiled his latest venture for the UK government, which offers the public better access to official data.

A new website, data.gov.uk, will offer reams of public sector data, ranging from traffic statistics to crime figures, for private or commercial use.

http://data.gov.uk/

Ibrahim Hasan
www.actnow.org.uk

Details of how long profiles of innocent people arrested in England and Wales can be stored on the DNA database are due to be unveiled by ministers.

It comes a year after the European Court of Human Rights said the existing indefinite limit was unfair.

The BBC understands the Home Office is to propose keeping the DNA of innocent people for a maximum of six years.

Police say retaining samples has helped solve crimes - but human rights groups say the change does not go far enough.

http://news.bbc.co.uk/1/hi/uk_politics/8353824.stm

From time to time we will be producing free webcasts on the latest developments in information and surveillance law.

You can listen and participate in these via your computer. All you need is a broadband internet connection and some speakers/headphones to listen to the audio. The slides are displayed on the screen and you can email your questions during the webcast as well as leave your feedback at the end.

It's a fun and free way to learn without leaving the comfort of your office!

The next webcast will be a Freedom of Information Update  on 13th October 2009 at 10am.

Participation is absolutely free. Go to http://www.brighttalk.com/webcasts/6527/attend

Or click on the links below:

http://www.actnow.org.uk/content/50

http://www.informationlaw.org.uk/page21.htm

Colleagues

The Information Commissioner issued guidance in July about the relationship
between Property Search Regulations and the Environmental Information
Regulations. 

http://www.ico.gov.uk/tools_and_resources/document_library/environmental_information_regulation.aspx

The EIRs have long been a source of confusion and surprise, and the
Commissioner’s guidance, backed up by a number of formal decisions, is no
exception. The Commissioner insists that most of the information requested
by personal search companies is environmental, and that Councils are obliged
to allow inspection for free. 

This interpretation of the EIRs is entirely logical – because they are based
on European legislation, their content is circumscribed, and they are not
very flexible. Any request for any information covered by the definition of
Environmental Information is covered by the EIRs, and the Commissioner
cannot ignore this, despite the headaches this causes for local councils,
the LGA and the Department for Communities and Local Government. 

Help is at hand – Act Now’s course on the Environmental Information
Regulations (running in London and Belfast) now includes a specific section
on personal searches, and covers all the relevant issues.

http://www.actnow.org.uk/courses/232

On 21st July 2009 the Chief Surveillance Commissioner, Sir Christopher Rose, published his annual report to the Prime Minister and Scottish Ministers on the application of Part 2 of the Regulation of Investigatory Powers Act 2000 and the Regulation of Investigatory Powers (Scotland) Act 2002. You can read it by clicking on the link below:

http://www.surveillancecommissioners.gov.uk/about_annual.html

The report relates to the period 1st April 2008 to 31st March 2009. It covers the use of directed surveillance, intrusive surveillance and Covert Human Intelligence Source’s (CHIS) by the police and other public authorities including local authorities. It contains some very useful pointers to help authorities carrying our surveillance and also the errors to avoid.
 
You can read Ibrahim Hasan's summary of the report by clicking on the link below:
 
http://www.informationlaw.org.uk/page15.htm
 
Once again the Commissioner has emphasised the importance of training. At paragraph 5.27 he states:
 
“I continue to hold the view that those public authorities which invest in training usually achieve a higher standard of compliance.”
 
Act Now continues to be the market leader in training in all aspects of RIPA and surveillance law. Courses are being run in London, Manchester and Edinburgh in Autumn 2009. Please click below to see our full range of courses:
 
http://www.actnow.org.uk/courses/RIPA/Surveillance_Law