jm + dpc   14

Tech companies like Facebook not above the law, says Max Schrems
“Big companies didn’t only rely on safe harbour: they also rely on binding corporate rules and standard contractual clauses. But it’s interesting that the court decided the case on fundamental rights grounds: so it doesn’t matter remotely what ground you transfer on, if that process is still illegal under 7 and 8 of charter, it can’t be done.”


Also:
“Ireland has no interest in doing its job, and will continue not to, forever. Clearly it’s an investment issue – but overall the policy is: we don’t regulate companies here. The cost of challenging any of this in the courts is prohibitive. And the people don’t seem to care.”


:(
ireland  guardian  max-schrems  privacy  surveillance  safe-harbor  eu  us  nsa  dpc  data-protection 
october 2015 by jm
Government forum to discuss increasing use of personal data
Mr Murphy said it was the Government’s objective for Ireland to be a leader on data protection and data-related issues.
The members of the forum include Data Protection Commissioner Helen Dixon, John Barron, chief technology officer with the Revenue Commissioners, Seamus Carroll, head of civil law reform division at the Department of Justice and Tim Duggan, assistant secretary with the Department of Social Protection.
Gary Davis, director of privacy and law enforcement requests with Apple, is also on the forum. Mr Davis is a former deputy data protection commissioner in Ireland.
There are also representatives from Google, Twitter, LinkedIn and Facebook, from the IDA, the Law Society and the National Statistics Board.
Chair of Digital Rights Ireland Dr TJ McIntyre and Dr Eoin O’Dell, associate professor, School of Law, Trinity College Dublin are also on the voluntary forum.
ireland  government  dri  law  privacy  data  data-protection  dpc 
july 2015 by jm
ECJ case debates EU citizens' right to privacy
The US wields secretive and indiscriminate powers to collect data, he said, and had never offered Brussels any commitments to guarantee EU privacy standards for its citizens’ data. On the contrary, said [Max Schrems' counsel] Mr Hoffmann, “Safe Harbour” provisions could be overruled by US domestic law at any time.
Thus he asked the court for a full judicial review of the “illegal” Safe Harbour principles which, he said, violated the essence of privacy and left EU citizens “effectively stripped of any protection”.
[Irish] DPC counsel Paul Anthony McDermott SC suggested that Mr Schrems had not been harmed in any way by the status quo. “This is not surprising, given that the NSA isn’t currently interested in the essays of law students in Austria,” he said.
Mr Travers for Mr Schrems disagreed, saying “the breach of the right to privacy is itself the harm”.
ireland  dpc  data-protection  privacy  eu  ec  ecj  law  rights  safe-harbour 
march 2015 by jm
Group warns of postcode project dangers | Irish Examiner
“We have spoken to the National Consumer Agency, logistics companies and Digital Rights Ireland, with which we have had an indepth conversation to see if there is anything in the proposal that might be considered to have an impact on anyone’s privacy. Broadly, they are satisfied with what we are doing,” [Patricia Cronin, head of the Department of Communications’ postcodes division] told the committee.

However in his letter, [DRI's] O’Lachtnain said the group “want to state clearly that we are not at all ‘satisfied’ with the postcode that has been designed or the implementation proposals”.


Some nerve!
dri  nca  privacy  patricia-cronin  goverment  postcodes  eircode  dpc  ireland 
january 2015 by jm
DIRECT MARKETING - A GENERAL GUIDE FOR DATA CONTROLLERS
In particular:
Where you have obtained contact details in the context of the sale of a product or service, you may only use these details for direct marketing by electronic mail if the following conditions are met:

the product or service you are marketing is of a kind similar to that which you sold to the customer at the time you obtained their contact details
At the time you collected the details, you gave the customer the opportunity to object, in an easy manner and without charge, to their use for marketing purposes
Each time you send a marketing message, you give the customer the right to object to receipt of further messages
The sale of the product or service occurred not more than twelve months prior to the sending of the electronic marketing communication or, where applicable, the contact details were used for the sending of an electronic marketing communication in that twelve month period.
email  spam  regulations  ireland  law  dpc  marketing  direct-marketing 
september 2014 by jm
Irish Water Data Protection Notice: A review…
Tried and came up wanting. Particularly notable for its illegal "Marketing" section, which attempts to evade opt-in-required anti-spam law with a "consent landgrab" on SMS and email
irish-water  law  dpc  data-protection  privacy  spam  opt-in  si336  sms  email  ireland 
september 2014 by jm
Next clothing retailer loses appeal over €100 fine in ‘spam’ case - Crime & Law News from Ireland & Abroad | The Irish Times - Wed, Mar 19, 2014
as TJ McIntyre noted: '€100 fine for a repeat spammer. Data Protection Commissioner calls this "strong protection". With a straight face.'

Next will doubtless fork over the 100 Euros out of the petty cash drawer, then carry on regardless. This isn't a useful fine. What a farce...
cheap  farce  dpc  data-protection  privacy  anti-spam  next  spam  convictions  fines  ireland 
march 2014 by jm
Merkel call for data protection rules puts Ireland in spotlight - Technology News
Irish Times on EU unhappiness with Ireland's "light touch" data protection regime:
Hawkes’s appearance last month on RTÉ’s Morning Ireland regarding the US Prism surveillance programme, since posted to YouTube, reheated lingering resentment among many European data authorities. His admission that he “knew in a general way” about such programmes and didn’t “regard this particular revelation as particularly new” was a red rag to his European colleagues who fear Ireland is the transmission point of wholesale EU data to the US.
eu  ireland  data-protection  privacy  billy-hawkes  regulation  dpc 
july 2013 by jm
Irish mobile phone companies: still spammy
'Pro tip: if you're going to spam, try not to spam the DPC's Director of Investigations.' -- lolz
funny  oh-dear  three  hutchinson  ireland  mobile  spam  dpc  law 
december 2012 by jm
Digital Rights Forum - Online Privacy
'The Digital Rights Forum is a public debate on the important issues surrounding digital rights, with each event designed around the general over-arching topic of digital rights, puls a more narrowly focused subject. On Friday, the 18th of May, the forum will tackle the issue of Online Privacy.

With our lives ever more integrated with the web and social media, staying safe online is becoming an increasing concern to everyone. From mobile apps to websites and email, protecting our personal information and online privacy has never been more complicated and more important. Faced with software vulnerabilities such as contacts being leaked onto the Internet by mobile application providers, the increasing push toward revealing more private and personal information on social networks, and attempts by some to protect their businesses through litigation or processes which require the disclosure of personal information, the modern digital landscape has made protecting one's privacy more difficult than ever before.

With this in mind, this Digital Rights Forum will discuss the current state of data protection and online privacy in the current context of social networks and mobile applications.'

Featuring Billy Hawkes (the DPC, no less!), and Devore from Boards.
dpc  digital-rights  ireland  politics  online  security  privacy  data-protection 
may 2012 by jm
Data Protection Commissioner investigating Eircom's "three strikes" system
Eircom accused customers of piracy using systems that hadn't been updated for DST. 'this appears to show up ineptitude in relation to a very basic aspect of network management - i.e. making sure that the server clock reflects daylight savings time. As a result, it seems that users found themselves being accused on the basis of what somebody else did from the same IP address either an hour earlier or an hour later. Consequently, the users who were wrongfully accused should consider themselves lucky that this incompetence did not lead to their being accused of a serious crime - for example, being arrested and having their homes searched due to the wrong time being used.' As TJ explains, this could have very serious results
dpc  ireland  eircom  fail  time  dst  daylight-savings  three-strikes  filesharing  piracy 
june 2011 by jm
Martin investigated over sending unsolicited e-mails
fast work from new FF leader Micheal Martin: 'None of those who complained consented to their details being used to contact them in this way and none could establish how Fianna Fáil obtained their addresses.'
spam  micheal-martin  fianna-fail  dpc  privacy  data-protection  ireland  politics  from delicious
january 2011 by jm
Tesco fined for sending junk e-mail
first successful conviction under Irish anti-spam laws -- for a whopping, er, 2,000 Euros. at least it only took 2 complaints from 2 customers each (via Brian Nisbet)
dpc  anti-spam  ireland  law  tesco  prosecutions  convictions  via:bnisbet  from delicious
july 2010 by jm

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