ORG policy update/2018-w10

This is ORG's Policy Update for the week beginning 05/03/2018.

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ORG’s work

  • Jim Killock contributed an article to the Institute of Welsh Affairs on the subject of electronic voting and the related concerns.
  • ORG are fundraising to recruit more permanent members of our legal team. Join ORG today to help out!
  • ORG is running a petition against the Government’s misguided proposals threatening fines for internet companies who do not rapidly censor extremist material shared on their platforms. Sign the petition here!
  • ORG have launched an open call for ideas to develop a tool for consumers to enjoy their stronger rights under GDPR. This is a joint project with Projects by IF, funded through a grant from the Information Commissioner Office.

Planned local group events:

  • Join ORG North East and Newcastle Libraries on 10 March to learn about digital rights and how to take control of your online life.
  • Join ORG Legal Intern Alex Haydock at ORG Norwich on 19 March to discuss age verification technologies as found in the Digital Economy Act 2017.
  • Join ORG Birmingham on 26 March to hear about what the Government's Digital Charter will mean for free speech online.

Official meetings

  • Javier Ruiz attended the Internet Freedom Festival in Valencia, Spain.
  • Jim Killock met with a number of academics and commentators to discuss concerns around proposals to introduce electronic voting in Wales, including:
  • Jim Killock met with a number of members and former members of the Welsh National Assembly to discuss Welsh concerns around electronic voting, including:
    • Gareth Bennett AM (UKIP)
    • Janet Finch-Saunders AM (Conservative)
    • Simon Thomas AM (Plaid Cymru)
    • Mick Antoniw AM (Labour)
    • Leighton Andrews, former AM and commentator

UK Parliament

Data Protection Bill

The Data Protection Bill had its Second Reading in the House of Commons this week, which involved discussion of the immigration exemption contained within the bill, which ORG have consistently campaigned against.

During the Bill's Second Reading in the Commons, there was generally a lot of support for the removal of the immigration exemption from Labour, Liberal Democrat, and SNP MPs.

Matt Hancock, Secretary of State for the DCMS, attempted to justify the Government's position during the debate, by stating:

"Exemptions from the GDPR are allowed so that necessary activities can be carried out, including that of making sure that a minority of individuals cannot abuse data protection law with the sole intent of undermining immigration controls."

In opposition to the immigration exemption, SNP MP Brendan O'Hara noted:

"As it stands, the Home Office, the applicant and the applicant’s legal representative all have access to the same information, and it is that information on which claims and legal challenges are based. Surely if both sides do not have access to the same information, the fairness of legal proceedings is inevitably compromised."

The Committee Stage of the Bill starts next week, on 13 March, and will continue on 15, 20, 22, and 27 March. As the DP Bill originated in the House of Lords, it has already passed that House and does not need to return before becoming law.

To challenge the immigration exemption that still forms part of the Bill, ORG, along with the3million, are launching legal action against the Government supported by lawyers from Leigh Day.

Leigh Day have written to Home Secretary Amber Rudd on behalf of ORG and the3million, requesting that the immigration exemption be removed from the Bill, and noting that they intend to launch a legal challenge to the clause if it is passed into law.

For more information, please see this ORG press release.

Questions in the UK Parliament

Question about Home Office actions on cyber crime

Adam Afriyie asked the Secretary of State for the Home Department "what recent steps her Department has taken to tackle cyber crime".

Ben Wallace responded, noting that:

  • The National Cyber Security Strategy had attracted 1.9 billion of transnational investment for 2016-2021.
  • The College of Policing now provides courses for officers and staff on cyber crime.
  • The Cyber Digital Career Pathways project will create a Cyber Digital Investigation Profession across all of law enforcement.
  • The Home Office also delivers the Government's public-facing Cyber Aware campaign to increase public awareness of cyber security.

Question about UK citizens' data held by cloud service providers

James Gray asked the Chancellor for the Exchequer "what estimate he has made of the volume of UK citizens’ data held by companies (a) supplying cloud services to his Department and (b) contracted to deliver cloud services on behalf of his Department which is subject to information requests from US Government bodies."

Robert Jenrick responded that, by their estimate, "no UK citizens’ data held through cloud services is subject to information requests from US Government bodies. Our records of our personal data holdings, as well procurement review process, are currently under review as part of the forthcoming General Data Protection Regulation (GDPR)."

Question on electronic warfare

Viscount Waverly asked the Government "what criteria they use to determine whether cyber aggression constitutes an act of war; and in such cases, what plans they have to allow for Parliamentary scrutiny of any evidence."

Lord Ahmad of Wimbledon responded that "the UN Charter applies in its entirety to state actions in cyberspace, including the prohibition of the use of force (Article 2(4)). The Government considers that a cyber-operation may constitute an “armed attack” if its scale and physical effects are equivalent to those achieved by a conventional attack which would meet the same threshold."

ORG media coverage

See ORG Press Coverage for full details.

2018-03-05-Institute of Welsh Affairs-Online voting : The end of the polling station?
Author: Jim Killock
Summary: Opinion piece authored by Jim Killock for the Institute of Welsh Affairs, discussing the concerns around electronic voting proposals.
Topics: Electronic voting
2018-03-05-Daily Mail-PornHub’s AgeID age verification software to hit the UK soon
Author: Ben Rabinovich
Summary: Jim Killock quoted in article about possible data breaches from age verification tools.
Topics: Privacy
2018-03-05-The Guardian-Home Office plans to deny immigrants access to data 'are illegal'
Author: Owen Bowcott
Summary: ORG mentioned in story about our potential legal action against the immigration exemption in the Data Protection Bill.
Topics: Data protection
2018-03-05-TechCrunch-UK facing legal action over immigration exemption in DP bill
Author: Natasha Lomas
Summary: ORG mentioned in story about our potential legal action against the immigration exemption in the Data Protection Bill.
Topics: Data protection
2018-03-06-BBC News-Porn check critics fear data breach
Author: Zoe Kleinman
Summary: ORG featured prominently in article about possible data breaches from age verification tools. Myles Jackman quoted.
Topics: Privacy
2018-03-06-The Times-Porn site data breaches ‘could wreck careers’
Author: Mark Bridge
Summary: Jim Killock quoted in article about possible data breaches from age verification tools.
Topics: Privacy
2018-03-06-The Telegraph-Age checks on porn 'risk exposing sexual tastes'
Author: Margi Murphy
Summary: Jim Killock quoted in article about possible data breaches from age verification tools.
Topics: Privacy
2018-03-08-The Scotsman-Scots unlikely to be given option to vote online soon
Author: Scott Macnab
Summary: ORG mentioned in story about Scottish Electronic voting proposals.
Topics: Electronic voting

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