Tag: article 8

Big Brother Takes to the Road

Posted on | by Anya Proops KC

Many of us are aware that, when in use, our mobile phones can be used by telecoms companies and security agencies to trace our whereabouts. However, few of us are likely to have been contemplating a scenario where our cars would contain built-in tracking devices enabling state authorities to have, in effect, a system of near total road surveillance. However, a new EU backed project, known as the Cooperative Vehicle-Infrastructure Systems (CVIS) project, may go a long way towards achieving that result. In particular, it is understood that the project, which is due to be unveiled later on this year,  envisages that, by 2013, such devices would commonly be built into newly manufactured cars and that a universal frequency will be made available so as to enable state authorities to monitor the location of all cars fitted with the device. As one might expect, privacy and civil liberties groups are said to be up in arms about this development. It is understood that the European Data Protection Supervisor will make a formal announcement on the privacy implications of CVIS technology soon.

Media article:

https://www.guardian.co.uk/uk/2009/mar/31/surveillance-transport-communication-box

Rowntree Report on Database State

Posted on | by Anya Proops KC

The Joseph Rowntree Reform Trust has today published its report ‘The Database State’. The report purports to amount to the most comprehensive map of central government databases yet created. In total 46 databases across the major government departments were considered in the report, including, for example, the national DNA database, the national pupil database, the NHS detailed care record system and the automatic number-plate recognition system. In summary, the report concluded that:

  • a quarter of the 46 databases reviewed were ‘almost certainly illegal under human rights or data protection law; that they should be scrapped or substantially redesigned’ (including, for example, the Contactpoint index of all children in England and the national DNA database – on the latter database, see further the January 2009 post on the Marper case);
  • ‘more than half have significant problems with privacy or effectiveness and could fall foul of a legal challenge’ (including, for example, the NHS Summary Care Record and the National Pupil Database);
  • fewer than 15% were ‘effective, proportionate and necessary with a proper legal basis for any privacy instrusions’;
  • Britain was generally out of line with other developed countries as a result of its comparably greater tendancy to centralise and share records on sensitive matters like healthcare and social services; that ‘the benefits claimed for data sharing are often illusory’.

Along with the House of Lords Report on the Surveillance Society published in February 2009 (see further the February 2009 post on the Lords Report), this report is likely to increase pressure on the Government to reexamine a raft of policies on data collection, management and storage.

https://www.jrrt.org.uk/uploads/Database%20State.pdf

Executive Summary:

https://www.jrrt.org.uk/uploads/Database%20State%20-%20Executive%20Summary.pdf

Facebook at work

Posted on | by Timothy Pitt-Payne KC

I’m a great admirer of Pinsent Mason’s “Out-Law” website.  It’s a fascinating source of information law material. 

Today, there’s an opinion piece about the use of social networking sites by employees.  It argues that in some circumstances employers are entitled to control the use that employees make of sites such as Facebook, even outside working hours.    There is a risk of reputational damage:  for instance, a newspaper that aims for politically impartial journalism could be damaged if its writers reveal their own personal political views online.

Personal use of the internet during working time is a legitimate concern to employers – just as they may rightly be concerned about the use of the phone system for long private calls.  But what about curtailing employees’ freedom of expression and social interaction in their own time?  It is suggested that any employer who went down this route would need both a very strong justification, and a tightly-drawn policy that was clearly communicated to their employees.

In considering any specific case, careful consideration would need to be given by employers to how widely any objectionable material posted by an employee could be viewed – was it visible to a small group of friends, for instance, or to a network of millions of people?

There’s a much broader issue here.   Social networking is very widespread indeed among today’s student generation.  When they begin their working lives, will they find that their online activity impedes their search for a job?  Or that it comes back to haunt them later in their working lives? 

The reference for the opinion piece discussed above is at:

https://www.out-law.com//default.aspx?page=9738

For discussion of the issues that arise when an employer considers that an employee’s online activities are damaging to its reputation, see Pay v Lancashire Probation Service, available online at:

https://www.employmentappeals.gov.uk/Public/Upload/EAT1224021192003.doc