Tag Archives: Public rights

Consent ticks the box for the General Data Protection Regulation

The GDPR is raising the bar to a higher standard for consent, clarifying that pre-ticked opt-in boxes are not valid indications of consent.

The GDPR is also explicit that you’ve got to make it easy for people to exercise their right to withdraw consent.

The requirement for clear and plain language when explaining consent is now strongly emphasised and you’ve got to make sure the consent you’ve already got meets the standards of the GDPR. If not, you’ll have to refresh it.

If you would like a short (4 page) briefing document setting out what SMEs need to be doing right now about the GDPR, please drop an email to karen.mason@novalex.co.uk. If you would like to attend a practical seminar in Milton Keynes on what the changes are and how to implement them, please sign up using this link:

https://www.eventbrite.co.uk/e/gdpr-a-new-era-in-data-protection-tickets-37869021262

Data Protection Directive applies to domestic CCTV overlooking public footpath

CCTV installed on a family home for crime prevention purposes, which also monitors a public space, may or may not be lawful. The European Court of Justice said that it does not amount to processing of personal data in the course of a “purely personal or household activity”, which would have been legitimate. It mentioned various conditions and exemptions, which might have permitted the recording to lawfully take place, but did not explore these in any detail.

It is an interesting ruling and likely to have significant implications on the way in which CCTV can be used at home, if the CCTV even partially records a public space. The UK Information Commissioner has stated in its code of practice on CCTV and other surveillance technologies that it will review its position on the use of domestic CCTV following the ECJ’s judgment, and that this may lead to it updating its code or issuing supplementary guidance.

The ruling also gives a clue as to the way other recording devices may be treated if used in public spaces (for example, drones, body-worn video and wearable computing such as watches and glasses).

Council meetings conduct

A guide has been published by The Department for Communities and Local Government covering practical information about attending council meetings and obtaining documents.

In order to encourage openness and scrutiny of local government, the guide confirms that council meetings are public and may be filmed, tweeted about or blogged and it encourages councils to establish guidelines for this.

It corrects misconceptions that the Data Protection Act or health and safety legislation prevents council meetings from being publicly scrutinised.

Illustrative guide click here.