ORG policy update/2015-w41

This is ORG's Policy Update for the week beginning 05/10/2015

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National Developments

Freedom of Information commission briefing

The Independent Commission on Freedom of Information held its first briefing, but journalists were asked not to disclose who was there or attribute what they said.

Woman charged for threatening communications online

Bahar Mustafa, a student diversity officer at Goldsmiths, was charged with sending threatening communications on a social media site, and will appear before a magistrate's court in November. The wording of the statement made by police suggested two separate charges, one under Communications Act 2003/Section 127 and another under the Malicious Communications Act 1988. It was widely speculated that the alleged offences related to the use of the hashtag "#killallwhitemen".

EU

Safe Harbor invalid

The Court of Justice of the European Union has ruled on 6 October that Safe Harbor, the major legal instrument for the transfer of personal data to the US, is invalid due to the lack of protections against mass surveillance by the US government. The case, brought by Max Schrems against the Irish Data Protection Commissioner, related to the transfer of data by Facebook to the US.

ECJ rules that the EU-US safe harbor arrangement is invalid (Practical Law)

The Surveillance Elephant in the Room… (Paul Bernal)

Why the CJEU ruling on Safe Harbor is a landmark victory for privacy rights (ORG blog)

International Developments

White House will not pursue encryption regulations

The Washington Post reports that a decision was made in October that the Obama administration will not - for now - call for legislation regulating encryption, but will continue to attempt to persuade companies to create a way for government to be granted access to communications for criminal investigations.

ORG Media coverage

See ORG Press Coverage for full details.

2015-10-06 – The Guardian - 'Safe harbour' ruling illustrates growing chasm between US and EU: Author: Charles Arthur; Summary: Jim Killock quoted on the ineffectiveness of the EU-US Safe Harbor framework and calling for a new agreement that adequately protects European citizens from NSA mass surveillance.

2015-10-06 – The Independent - European court rules 'Safe Harbour' treaty that saw Facebook hand over user data to US is invalid, after challenge by student: Author: Andrew Griffin; Summary: Jim Killock quoted on the EU-US Safe Harbor framework CJEU decision.

2015-10-06 – Motherboard - Europe Ruled Its Data-Sharing Agreement With US Tech Companies Invalid: Author: Joseph Cox; Summary: Jim Killock quoted on the EU-US Safe Harbor framework CJEU decision.

2015-10-06 – BuzzFeed News - Court Rules It’s Too Easy For US Spies To Get Europeans’ Facebook Data: Author: James Ball; Summary: Jim Killock quoted on the EU-US Safe Harbor framework CJEU decision.

2015-10-06 – The Inquirer - European Court looks at Facebook, says Safe Harbour data-sharing is invalid: Author: Dave Neal; Summary: Jim Killock quoted on the EU-US Safe Harbor framework CJEU decision.

2015-10-06 – Forbes - 'Landmark' Decision Threatens Facebook Use Of European Personal Data: Author: Thomas Fox-Brewster; Summary: Jim Killock quoted on the EU-US Safe Harbor framework CJEU decision.

2015-10-06 – TechWeekEurope - Top EU Court Invalidates ‘Safe Harbour’ Data-Sharing Agreement: Author: Matthew Broersma; Summary: Jim Killock quoted on the EU-US Safe Harbor framework CJEU decision.

2015-10-05 – TechWeekEurope - Met Anti-Terror Chief Slams “Unhelpful” Social Media Companies: Author: Ben Sullivan; Summary: Open Rights Group quoted on rejecting the Snoopers' Charter and encouraging targeted rather than mass surveillance.

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