Posted on May 25 2018 by Paul Heritage-Redpath | Comments Off on GDPR: Are ‘legitimate interests’ a carte blanche to carry on regardless?
As the new GDPR legislation rolls into action today, many marketeers are now looking to ‘legitimate interests’ to justify their comms activity – but whilst this clause offers the most flexibility to use people’s personal data for marketing purposes it cannot always be assumed it is an appropriate way to justify your communications.
The law states that legitimate interests can be ‘your own interests or the interests of third parties and can include commercial interests, individual interests or broader societal benefits’. However the Information Commissioner’s Office (ICO) says that if you choose to rely on legitimate interests, you take on extra responsibility for ensuring people’s rights and interests are fully considered and protected. The ICO also states that for direct marketing purposes, the right to object is absolute and you must stop with the communications if someone requests it.
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Posted on May 02 2018 by Paul Heritage-Redpath | Comments Off on Where does the latest High Court judgement leave the IPA?
With the recent High Court ruling that a key pillar of the government’s Investigatory Powers Act (IPA) – often referred to as the ‘Snooper’s Charter’ – is unlawful and must be amended within six months, we ask what lies ahead now for this controversial piece of legislation?
The judgement says that Part 4 of the IPA, which outlines the need for ISPs to retain their customers communications data including email activity, phone use and Internet browsing history, was incompatible with EU law. This is something that regular readers of our blog will know we’ve been saying for some time!
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Posted on Apr 05 2018 by Paul Heritage-Redpath | Comments Off on GDPR: Friend or Foe?
As TechUK, a body which represents over 1,000 UK tech firms urges the Government not to scrap General Data Protection Regulation (GDPR) laws following our departure from the European Union, we believe that stepping away from EU legislation has the potential to do our thriving tech industry more harm than good.
Described as ‘the biggest change to data protection law for a generation’ by the UK’s Information Commissioner Elizabeth Denham, GDPR, is European legislation that is set to replace UK Data Protection from 25th May 2018.
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Posted on Mar 19 2018 by Paul Heritage-Redpath | Comments Off on Does the latest European court ruling expose the cracks in the IPA?
Since the Investigatory Powers Act (IPA) first came into being Entanet has expressed its concern about how the legislation nicknamed ‘The Snoopers’ Charter’, which grants wide ranging surveillance to the Government, could ever possibly co-exist with European data protection laws.
Without saying ‘I told you so’ it seems the latest ruling by the The Court of Appeal following a challenge from the human rights group Liberty would agree with our long standing view.
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Posted on Dec 13 2017 by Paul Heritage-Redpath | Comments Off on Do the proposed IPA changes go far enough?
The Government has launched a consultation on fresh changes to the Investigatory Powers Act (IPA) – nicknamed the Snoopers’ Charter – following the ruling late last year by the Court of Justice of the European Union (CJEU) that much of the legislation is unlawful.
As regular readers of our blog will know, Entanet has repeatedly voiced concerns about the IPA and in particular its obvious inability to coexist with further legislation such as GDPR and the new Data Protection Bill. How can the Government insist on ISPs collating masses of data on one hand, yet give users improved rights such as the ‘right to be forgotten’ on the other? Not to mention the issues of privacy invasion and data security.
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Posted on Aug 09 2017 by Paul Heritage-Redpath | Comments Off on New Data Protection Bill & IPA – A match made in hell
Last week the Government announced a new Data Protection Bill which will replace the existing Data Protection Act 1988 by aiming to strengthen UK citizens control over their own personal data and align our laws with the EU’s new GDPR legislation which will come into effect from May 2018. Excellent- what a good idea! There’s just one problem though – that annoying Investigatory Powers Act (IPA) which already exists and contradicts this almost entirely!
Commenting on the new Bill, Matt Hancock, Minister of State for Digital said: “The new Data Protection Bill will give us one of the most robust, yet dynamic, set of data laws in the world. The Bill will give people more control over their data, require more consent for its use, and prepare Britain for Brexit. We have some of the best data science in the world and this new law will help it to thrive.”
We don’t disagree with Mr Hancock. The Government’s press release quotes research showing more than 80% of people feel they don’t have complete control over their data online and the new Bill will aim to improve this by introducing a ‘right to be forgotten’ meaning they can request their personal data be erased (including from social media sites). It will also eradicate the use of the current default opt-out and pre-selected check boxes for consent in the collection of personal data – both requirements already included in the forthcoming GDPR.
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Posted on Jul 07 2017 by Paul Heritage-Redpath | Comments Off on ISPs: Still a ‘Mere Conduit’ or now the Data Police?
Regular readers will know that, as an Internet Service Provider (ISP), our preference is to be – as The Electronic Commerce (EC Directive) Regulations 2002 call it – a ‘mere conduit’ whose role is to move bits of data, rather than being a policeman of them. An unlikely ally for this view is the forthcoming General Data Protection Regulation, which includes provisions for all of us to actively minimise the amount of personal data we hold, hence reducing the risk of data loss.
The Investigatory Powers Act 2016 would have ISPs do the precise opposite however, and retain data about users. Pressure group Liberty were recently granted leave to challenge this controversial legislation in the High Court.
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Posted on Jul 03 2017 by Ellis Mason | Comments Off on Apprentice View: Your privacy is about to become a lot less private
Ellis Mason Technical Support Apprentice
All of our Apprentices get the opportunity to experience a variety of roles within Entanet as part of our training and development programme. We’ve recently welcomed Ellis Mason, a Technical Support Apprentice, for work experience within our marketing team. During his time with us, he had the opportunity to research and write a blog post which he enjoyed enormously and we’re pleased to share.
We’re at risk of losing our privacy. This is a key topic of discussion for the tech industry at the moment – and should be yours too if you think your private conversations should stay private. With recent events such as the terror attacks in London and Manchester, this topic has become more heated and more controversial. Our Government is wanting a ‘free pass’ through encrypted communications, in order to provide higher levels of safety to the public. However, this may put everyone at risk from more threats – such as the risk of personal information and bank details being stolen, which would increase the risk of fraud dramatically.
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Posted on Jun 07 2017 by Guest | Comments Off on Guest Blog: Can ‘tech companies’ do more to eradicate ‘safe places’ online?
Jim Killock, Executive Director, ORG
In the wake of the atrocious terror attacks that have targeted Manchester and London and affected the whole of the UK in recent weeks, the Prime Minister, Theresa May, has made various statements about the role she thinks ‘tech companies’ must play in tackling terrorism. Jim Killock, Executive Director of the Open Rights Group has kindly provided us with a guest blog discussing the PM’s recent comments and his concerns over the Government’s plans regarding encryption, censorship and their requirements on tech companies.
“In the wake of the terrorist attacks at London Bridge, Theresa May has called for Internet companies to do more so that there are ‘no safe spaces’ for terrorists online.
We must remember that these attacks were not just brutal assaults on individuals but an attempt to undermine the freedom and liberty we enjoy in this country. While some politicians may instinctively search for ‘anything’ that can be done to prevent future attacks, our response must uphold our values and democratic way of life. A free and open Internet has transformed how we live, communicate and share information – and we should protect that just as we should protect the democratic processes that the terrorists want to disrupt.
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Posted on Apr 03 2017 by Paul Heritage-Redpath | Comments Off on You think the IPA is bad – it could be worse, you could be in the USA!
For two western countries that are relatively similar in many ways, it appears the UK and the USA could not have more opposing views when it comes to the protection of data and privacy. Whilst the UK Government continues to fend off ongoing legal challenges and criticism of its controversial IPA (Investigatory Powers Act) or Snoopers’ Charter as it’s widely nicknamed, the USA is about to make it perfectly legal for ISPs to sell off their customers’ personal information and web activity history to the highest bidders for commercial use.
As you know from our previous articles on the subject, the IPA requires UK ISPs to retain vast amounts of customer data including your online activity and enables the security agencies and police to access this data as and when they require, regardless of whether or not you are suspected of a crime. The latest challenge to this Act has come from the European Court of Justice who argued the new law contravenes existing European laws on privacy and data retention. See our article “How can the Investigatory Powers Act ever co-exist with the EU?” for more information.
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