EU protection for whistleblowers
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They [http://data.parliament.uk/DepositedPapers/files/DEP2017-0124/Letter_to_Peers_re_Digital_Economy_Bill.pdf addressed a question from Baroness Hamwee] regarding the use of “personal information” in the Bill being inconsistent with the Data Protection Act (DPA).
They [http://data.parliament.uk/DepositedPapers/files/DEP2017-0124/Letter_to_Peers_re_Digital_Economy_Bill.pdf addressed a question from Baroness Hamwee] regarding the use of “personal information” in the Bill being inconsistent with the Data Protection Act (DPA).
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The
Part 5 of the Bill on data sharing refers to the use of “personal information” by public authorities. According to the DEBill, personal information shared between government departments should be subject the DPA. However, the DPA only offers protection for “personal data”. The two definitions differ and personal information has a wider scope than personal data.
+
Part 5 of the Bill on data sharing refers to the use of “personal information” by public authorities. According to the DEBill, personal information shared between government departments should be subject
to
the DPA. However, the DPA only offers protection for “personal data”. The two definitions differ and personal information has a wider scope than personal data.
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Lords Ashton and Keen explained in
the
letter that they still apply data protection framework from the DPA for personal information in the DEBill and this will be specified in codes of practice. The Government made it clear in the Committee sitting that they don’t consider it necessary to make codes of practice statutory and enforceable.
+
Lords Ashton and Keen explained in
their
letter that they still apply
the
data protection framework from the DPA for personal information in the DEBill and this will be specified in
the
codes of practice. The Government made it clear in the Committee sitting that they don’t consider it necessary to make
the
codes of practice statutory and enforceable.
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If the
data sharing codes of practice are not enforceable and
protection framework for personal information is only spelled out in the codes of practice, it is unclear how the Government expects to
deliver effective protection of
personal information and
avoid its misuse
.
+
If the protection framework for personal information is only spelled out in the codes of practice
, which are not enforceable
, it is unclear how the Government expects to
protect
personal information and
prevent it being misused
.
A [https://medium.com/writing-by-if/data-sharing-in-the-government-transformation-strategy-36159cef01be#.dervd6mu4 blog by Sarah Gold] offers an industry perspective on the Government's data sharing plans.
A [https://medium.com/writing-by-if/data-sharing-in-the-government-transformation-strategy-36159cef01be#.dervd6mu4 blog by Sarah Gold] offers an industry perspective on the Government's data sharing plans.
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The
Lords are likely to discuss privacy issues regarding age verification and data sharing and website blocking at the Report stage. These issues were highlighted before but no satisfactory answers were given by the Government. The issue of online copyright infringement and
the
disproportionate scope of the offence has not been discussed by Lords.
−
Lords are likely to discuss privacy issues regarding age verification and data sharing and website blocking at the Report stage. These issues were highlighted before but no satisfactory answers were given by the Government. The issue of online copyright infringement and disproportionate scope of the offence
, however,
has not been discussed by Lords.
===Question on cybercrime===
===Question on cybercrime===
[[Lyn Brown MP]] [https://www.theyworkforyou.com/wrans/?id=2017-02-07.63350.h&s=%28internet+OR+cyber+OR+computer+OR+web+OR+surveillance+OR+copywrite+OR+%22data+sharing%22%29#g63350.r0 asked] the Secretary of State for the Home Department, what proportion of online fraud and other forms of cybercrime was reported to the police in the past three years.
[[Lyn Brown MP]] [https://www.theyworkforyou.com/wrans/?id=2017-02-07.63350.h&s=%28internet+OR+cyber+OR+computer+OR+web+OR+surveillance+OR+copywrite+OR+%22data+sharing%22%29#g63350.r0 asked] the Secretary of State for the Home Department, what proportion of online fraud and other forms of cybercrime was reported to the police in the past three years.
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[[Brandon Lewis MP]] responded that the Home Office does not hold the requested information. The Home
office
holds information from the National Fraud Intelligence Bureau on the number of recorded fraud offences in England and Wales but they do not have information available on committed online fraud offences.
+
[[Brandon Lewis MP]] responded that the Home Office does not hold the requested information. The Home
Office
holds information from the National Fraud Intelligence Bureau on the number of recorded fraud offences in England and Wales but they do not have information available on committed online fraud offences.
===Question on protection of data at schools===
===Question on protection of data at schools===
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[[Nigel Adams MP]] [https://www.theyworkforyou.com/wrans/?id=2017-02-06.63240.h&s=copyright#g63240.r0 asked] the Secretary of State for Culture, Media and Sport, whether the UK will be able to protect territoriality of copyright after the UK leaves the European Union.
[[Nigel Adams MP]] [https://www.theyworkforyou.com/wrans/?id=2017-02-06.63240.h&s=copyright#g63240.r0 asked] the Secretary of State for Culture, Media and Sport, whether the UK will be able to protect territoriality of copyright after the UK leaves the European Union.
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[[Matthew Hancock MP]] responded that the UK will be taking an active part in copyright negotiations
on
digital single market while remaining in the EU. After Brexit, the UK will continue to be a member of the Berne Convention and other copyright treaties which recognise the territoriality of copyright.
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[[Matthew Hancock MP]] responded that the UK will be taking an active part in copyright negotiations
in the
digital single market while remaining in the EU. After Brexit, the UK will continue to be a member of the Berne Convention and other copyright treaties which recognise the territoriality of copyright.
==Other national developments==
==Other national developments==
===Espionage Act===
===Espionage Act===
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The Law Commission published a [http://www.lawcom.gov.uk/project/protection-of-official-data/#protection-of-official-data consultation paper] advising the Government how to update the current law about espionage (Official Secrets Act) and state secrets. According to the consultation,the new Espionage Act would increase penalties for espionage and broaden the definition of
a spy
.
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The Law Commission published a [http://www.lawcom.gov.uk/project/protection-of-official-data/#protection-of-official-data consultation paper] advising the Government how to update the current law about espionage (Official Secrets Act) and state secrets. According to the consultation, the new Espionage Act would increase penalties for espionage and broaden the definition of
who could commit espionage
.
Journalists handling secret materials from whistleblowers could be prosecuted under the Act as spies. Such broad definition would have detrimental effects on investigative journalism and public-interest whistleblowing.
Journalists handling secret materials from whistleblowers could be prosecuted under the Act as spies. Such broad definition would have detrimental effects on investigative journalism and public-interest whistleblowing.
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All journalists involved in [https://www.theguardian.com/uk-news/2017/feb/12/uk-government-accused-full-frontal-attack-prison-whistleblowers-media-journalists handling and exposing documents obtained by Edward Snowden] could be prosecuted under the Act and face 14 years in prison. This raises the current sentence under the Official Secrets Act from two to 14 years.
All journalists involved in [https://www.theguardian.com/uk-news/2017/feb/12/uk-government-accused-full-frontal-attack-prison-whistleblowers-media-journalists handling and exposing documents obtained by Edward Snowden] could be prosecuted under the Act and face 14 years in prison. This raises the current sentence under the Official Secrets Act from two to 14 years.
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The [https://www.politicshome.com/news/uk/government-and-public-sector/transparency-and-open-data/news/83312/government-rejects-claims consultation was commissioned by the Government] because they believe the current secrecy legislation is outdated in
a
digital age. In their consultation report, the Law Commission listed several NGO’s and media companies, ORG among others,
that
were consulted on their proposals.
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The [https://www.politicshome.com/news/uk/government-and-public-sector/transparency-and-open-data/news/83312/government-rejects-claims consultation was commissioned by the Government] because they believe the current secrecy legislation is outdated in
the
digital age. In their consultation report, the Law Commission listed several NGO’s and media companies, ORG among others,
who
were consulted on their proposals.
ORG was contacted regarding the consultation, however not consulted in a meaningful manner. Jim Killock said <blockquote> “This is a full-frontal attack, recommending criminalising even examining secret services’ material. The intention is to stop the public from ever knowing that any secret agency has ever broken the law.</blockquote>
ORG was contacted regarding the consultation, however not consulted in a meaningful manner. Jim Killock said <blockquote> “This is a full-frontal attack, recommending criminalising even examining secret services’ material. The intention is to stop the public from ever knowing that any secret agency has ever broken the law.</blockquote>
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===NCSC launch===
===NCSC launch===
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The [http://www.wired.co.uk/article/national-cyber-security-centre-open-gchq National Cyber Security Centre was officially
open
] by the Queen on 14 February.
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The [http://www.wired.co.uk/article/national-cyber-security-centre-open-gchq National Cyber Security Centre was officially
opened
] by the Queen on 14 February.
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The NCSC moved from the GCHQ’s headquarters in Cheltenham to Victoria in London. The
Center
has been operating since October 2016.
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The NCSC moved from the GCHQ’s headquarters in Cheltenham to Victoria in London. The
Centre
has been operating since October 2016.
===Intrusive surveys at schools in Scotland===
===Intrusive surveys at schools in Scotland===
Primary and secondary pupils in Scotland’s schools are being quizzed about their wellbeing. “Wellbeing surveys” have been distributed to children as part of the SNP Government's Realigning Children's Services programme.
Primary and secondary pupils in Scotland’s schools are being quizzed about their wellbeing. “Wellbeing surveys” have been distributed to children as part of the SNP Government's Realigning Children's Services programme.
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Questions in the
surveys
were aimed to get information
about children’s living conditions,
relationship of
their parents, parents’ drinking habits, consumption of fast food and
hard core
drugs.
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The
surveys
included questions
about children’s living conditions, their parents
' relationship
, parents’ drinking habits,
the
consumption of fast food and drugs.
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Parents also received a survey asking them about how many times their children visited their GP and A&E or how often they
use
babysitter.
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Parents also received a survey asking them about how many times their children visited their GP and A&E or how often they
used a
babysitter.
The surveys are anonymous, however, they will be linked to individual identity numbers and shared across the public sector. It was [http://www.express.co.uk/news/uk/766222/government-wellbeing-surveys-quizzes-pupils-habits-home reported that children are presented with surveys as a compulsory activity] and parents don’t fully understand that they can opt out within ten days.
The surveys are anonymous, however, they will be linked to individual identity numbers and shared across the public sector. It was [http://www.express.co.uk/news/uk/766222/government-wellbeing-surveys-quizzes-pupils-habits-home reported that children are presented with surveys as a compulsory activity] and parents don’t fully understand that they can opt out within ten days.
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Excessive data sharing was the reason why the [http://www.bbc.com/news/uk-scotland-scotland-politics-35752756 Named Person scheme] was stopped by the Supreme Court in Scotland previously. The school survey has a similar agenda since both initiatives were developed under the Get It Right for Every Child approach. The data collected poses a risk for misuse of children’s personal data. Their answers are tied to their unique identification numbers for most of the research and will only be anonymised at late stages of the research cycle.
+
Excessive data sharing was the reason why the [http://www.bbc.com/news/uk-scotland-scotland-politics-35752756 Named Person scheme] was stopped by the Supreme Court in Scotland previously. The school survey has a similar agenda since both initiatives were developed under the Get It Right for Every Child approach. The data collected poses a risk for misuse of children’s personal data. Their answers are tied to their unique identification numbers for most of the research and will only be anonymised at late stages of the research cycle.
==Europe==
==Europe==
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MEPs took on the [[European Commission]] for failing to deliver any legislative proposals to deliver minimum level of protection for whistleblowers protecting EU budget from fraud. The non-binding resolution was supported by more than 600 MEPs.
MEPs took on the [[European Commission]] for failing to deliver any legislative proposals to deliver minimum level of protection for whistleblowers protecting EU budget from fraud. The non-binding resolution was supported by more than 600 MEPs.
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The resolution is asking for [http://economia.icaew.com/en/news/february-2017/meps-deplore-european-commissions-lack-of-action-over-whistleblower-protection whistleblower protection mechanisms] put in place for companies, public bodies and non-profit organisations.
The
MEPs supported setting up
of
an independent EU body to advise whistleblowers on
using
the right channels to disclose their information. The independent EU body would have national offices in the member states.
+
The resolution is asking for [http://economia.icaew.com/en/news/february-2017/meps-deplore-european-commissions-lack-of-action-over-whistleblower-protection whistleblower protection mechanisms]
to be
put in place for companies, public bodies and non-profit organisations. MEPs supported setting up an independent EU body to advise whistleblowers on the right channels to disclose their information. The independent EU body would have national offices in the member states.
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Whilst setting up the independent body,
the
MEPs want to administer hotlines
within the parliament
, websites and contact points for whistleblowers to
approach
if they have information relating to EU’s financial interests.
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Whilst setting up the independent body, MEPs want to administer hotlines, websites and contact points for whistleblowers to
use
if they have information relating to
the
EU’s financial interests.
==ORG media coverage==
==ORG media coverage==