scholarly journals The Sale of Edited Electoral Registers in Scotland: Implications for Privacy, Data Protection and Citizenship

2016 ◽  
Vol 25 (4) ◽  
pp. 479-505
Author(s):  
Charles Leleux ◽  
C. William R. Webster
Keyword(s):  
United Kingdom ◽  
National Survey ◽  
Data Protection ◽  
Personal Information ◽  
Third Parties ◽  
Opting Out ◽  
The United Kingdom ◽  
Democratic System ◽  
State Relations ◽  
First Time

This article provides an assessment of the recent phenomenon in Scotland and the United Kingdom of selling edited electoral registers to third parties, and reflects on the implications of this practice for privacy, data protection and citizen-state relations. Drawing on the results of the National Survey of Electoral Registration Officers in Scotland, information is presented on the sale of edited registers, the types of organisation purchasing registers, revenues generated and the number of electors ‘opting out’ of the edited register. This is the first time such information has been collected nationally and therefore represents a unique Scottish ‘snapshot’. The article argues that the sale of edited registers is contentious. The collection of personal information contained within the register is critical for the successful functioning of elections and consequently our representative democratic system, yet the subsequent unrestricted sale of this information for commercial gain potentially undermines trust in democratic processes and alters the informational nature of citizen-state relations. This article offers a first opportunity to reflect on some of the consequences of this practice.

scholarly journals The Protection Of Personal Information (POPI) Act - Impact On South Africa

2014 ◽  
Vol 13 (6) ◽  
pp. 1315 ◽  
Author(s):  
Michelle De Bruyn
Keyword(s):  
South Africa ◽  
United Kingdom ◽  
South African ◽  
Data Protection ◽  
Personal Information ◽  
Counter Measures ◽  
The United Kingdom ◽  
Protection Legislation ◽  
The Law ◽  
The Government

South Africa has received its own data protection legislation - the Protection of Personal Information (POPI) Act - in November 2013 and is expecting the government to appoint an Information Regulator to enforce the letter of the law. Until then, South African businesses will have time to get their house in order, but uncertainty exists as to how businesses will be affected when this happens. It is anticipated that the enforcement activities by the Information Regulator will be similar to how it is done by the Information Commissioners Office (ICO) in the United Kingdom. The ICO has been enforcing compliance with the Data Protection Act (DPA) of the United Kingdom since it obtained its enforcement powers in April 2010. This article summarises all actions taken by the ICO from April 2010 until the end of December2013 to determine the industries most affected, the contraventions with the highest frequency and, where applicable, the highest monetary fines. This article should provide some insight into what South African businesses can expect after the Information Regulator is appointed and starts to enforce the law. It will also enable them to focus their attention on the safeguarding of business areas with increased data protection risks as well as provide some counter measures that can be taken to prevent punishable contraventions.

Data protection in the United Kingdom: Part 1

1983 ◽  
Vol 7 (1) ◽  
pp. 15-22 ◽  
Author(s):  
Anne Crook
Keyword(s):  
United Kingdom ◽  
Computer Security ◽  
Data Protection ◽  
Data Privacy ◽  
Personal Information ◽  
The United Kingdom ◽  
Privacy Problem ◽  
The Individual ◽  
The Uk ◽  
The Impact

The United Kingdom Government is about to enact legisla tion for data protection. It is intended that this will safeguard the pnvacy of the individual which is seen to be threatened by the increasing use and capabilities of computerised personal information systems. There are also fears that the British computer and data processing industries will be at a disad vantage when competing in the international market without legislation equivalent to that already operating in other coun tries. The legislation will enable the UK to ratify the Council of Europe Data Protection Convention and to comply with the OECD Guidelines on Transborder Data Flow. Data protection is a valuable example of the interaction of information technology and society. This paper presents an overview of the issues involved. It examines what is meant by data privacy and how that privacy may be infringed by the use of both computerised and manual record systems. The impact of technology on the privacy problem is descnbed, including linkage of computer systems and the contribution of computer security. The need for legislation is discussed, both within the context of the international situation and of the early attempts at domestic legislation.

What Hope for Freedom of Information in the UK?

2006 ◽  
Author(s):  
Andrew McDonald
Keyword(s):  
United Kingdom ◽  
Data Protection ◽  
Personal Information ◽  
Integrated Approach ◽  
Open Government ◽  
Freedom Of Information ◽  
The United Kingdom ◽  
The Family ◽  
The Individual ◽  
The Uk

This chapter assesses freedom of information (FOI) in the United Kingdom. It discusses the terminology associated with FOI, namely, transparency and openness. FOI refers to access to non-personal information; the regulation of personal information is typically governed by privacy or data-protection laws. Some jurisdictions take an integrated approach to both categories of information, but this chapter focuses on information that does not relate primarily to the individual. The family of information statutes – encompassing FOI, privacy, official secrecy and the like – are known collectively as Access to Information laws. Finally, open government is a term close to openness, since both are concerned with systems and delivery.

Data protection and passenger name record in judicial criminal matters under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199492
Author(s):  
Catherine Van de Heyning
Keyword(s):  
United Kingdom ◽  
Data Protection ◽  
Personal Data ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
The United Kingdom ◽  
Record Data ◽  
Criminal Matters ◽  
The Impact ◽  
The Eu

The submission discusses the provisions in the EU–UK Trade and Cooperation Agreement on data protection as well as the consequences for the exchange of passenger name record data in the field of criminal and judicial cooperation. The author concludes that the impact of the Agreement will depend on the resolvement of the United Kingdom to uphold the standards of protection of personal data equivalent to the EU’s in order to reach an adequacy decision.

scholarly journals Insurance related problems in bareboat charter agreements

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Albano Gilabert Gascón
Keyword(s):  
United Kingdom ◽  
Supreme Court ◽  
Third Parties ◽  
Insurance Contract ◽  
The United Kingdom ◽  
The Supreme Court ◽  
The One ◽  
The Baltic ◽  
The Relationship

AbstractIn 2017, the majority of the United Kingdom Supreme Court held in its judgment in the Gard Marine and Energy v China National Chartering (The Ocean Victory) case that, in bareboat charters under the ‘BARECON 89’ form, if both the owner and the charterer are jointly insured under a hull policy, the damages caused to the vessel by the charterer cannot be claimed by the insurer by way of subrogation after indemnifying the owner. The interpretation of the charter party leads to the conclusion that the liability between the parties is excluded. Faced with the Supreme Court’s decision, the Baltic and International Maritime Council (BIMCO) adopted a new standard bareboat charter agreement only a few months later, the ‘BARECON 2017’ form, which amends, among other clauses, the one related to insurance. The present paper analyses (i) the new wording of the clause mentioned above and (ii) its incidence on the relationship between the parties of both the charter agreement and the insurance contract and its consequences for possible third parties. Despite BIMCO’s attempt to change the solution adopted by the Supreme Court and his willingness to allow the insurer to claim in subrogation against the person who causes the loss, the consequences, as it will be seen, do not differ much in practice when the wrongdoer is the co-insured charterer. On the contrary, when the loss is caused by a time charter or a sub-charter, in principle, there will be no impediment for the insurer to sue him.

The duties of impartiality, disclosure, and confidentiality: lessons from a London-seated arbitration

2021 ◽  
Author(s):  
Samuel Yee Ching Leung ◽  
Alex Chun Hei Chan
Keyword(s):  
United Kingdom ◽  
Important Case ◽  
Careful Examination ◽  
International Arbitration ◽  
The United Kingdom ◽  
Key Concepts ◽  
The Uk ◽  
First Time

Abstract Halliburton Company v Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda Insurance Ltd [2020] UKSC 48 is an important case not only to the UK but also to the international arbitration community for several reasons: first, it examines indispensable duties in international arbitration and for the first time recognises and explicates upon the duty of disclosure at the highest court of the United Kingdom; secondly, it addresses and clarifies key concepts in international arbitration; thirdly, it confirms the objective nature of the test of justifiable doubts which has wider implications for other arbitral forums; fourthly, it illustrates how the duties of impartiality, disclosure, and confidentiality interact with and affect each other and how the key concepts should be applied to this interaction; and finally, it lays down useful guidance for arbitrators. For these reasons, this case deserves close and careful examination. This article aims to explain the significance of the aforesaid and suggests that, in addition to what has been addressed, further judicial explanations are warranted in what other aspects.

scholarly journals Control Over Personal Information in the Database Era

2009 ◽  
Vol 6 (3) ◽  
pp. 322-326 ◽  
Author(s):  
Mark Andrejevic
Keyword(s):  
United Kingdom ◽  
Personal Information ◽  
The State ◽  
The United Kingdom ◽  
House Of Lords

In February 2009 the House of Lords Constitutional Committee in the United Kingdom published the report Surveillance: Citizens and the State. Some have hailed this as a landmark document. The following is one of four commentaries that the editors of Surveillance & Society solicited in response to the report.

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