Comments on: Time to take a close look at surveillance http://www.digitalrights.ie/2008/11/28/time-to-take-a-close-look-at-surveillance/ Civil, Legal and Human Rights in a Digital Age Mon, 30 Jan 2012 10:16:09 +0000 http://wordpress.org/?v=2.9 hourly 1 By: Francis Kirby http://www.digitalrights.ie/2008/11/28/time-to-take-a-close-look-at-surveillance/comment-page-1/#comment-127089 Francis Kirby Fri, 26 Mar 2010 12:37:48 +0000 http://www.digitalrights.ie/?p=149#comment-127089 The interplay between the Data Protection Acts and the FOI Acts is very relevant. The Data Protection Commissioner uses a very broad concept of “personal data”. The Information Commissioner uses a very narrow concept of “personal information”. As the FOI Acts override the Data Protection Acts, “personal data” which is protected by the Data Protection Acts can be released using the Information Commissioner’s very narrow concept of “personal information”. The Oireachtas could not have intended to give protection to a broad concept of “personal data” only to have that protection removed by the Information Commissioner’s narrow interpretation of “personal information”. Furthermore the Data Protection Acts apply to public bodies AND non-public bodies. The FOI Acts apply only to public bodies. So, while “personal data” in non-public bodies is fully protected, “personal data” in public bodies is not fully protected because of the Information Commissioner’s very narrow concept of “personal information”. The Oireachtas could not have intended that scenario. The interplay between the Data Protection Acts and the FOI Acts is very relevant.

The Data Protection Commissioner uses a very broad concept of “personal data”.

The Information Commissioner uses a very narrow concept of “personal information”.

As the FOI Acts override the Data Protection Acts, “personal data” which is protected by the Data Protection Acts can be released using the Information Commissioner’s very narrow concept of “personal information”.

The Oireachtas could not have intended to give protection to a broad concept of “personal data” only to have that protection removed by the Information Commissioner’s narrow interpretation of “personal information”.

Furthermore the Data Protection Acts apply to public bodies AND non-public bodies. The FOI Acts apply only to public bodies.

So, while “personal data” in non-public bodies is fully protected, “personal data” in public bodies is not fully protected because of the Information Commissioner’s very narrow concept of “personal information”. The Oireachtas could not have intended that scenario.

]]> By: york http://www.digitalrights.ie/2008/11/28/time-to-take-a-close-look-at-surveillance/comment-page-1/#comment-124805 york Fri, 19 Feb 2010 18:54:45 +0000 http://www.digitalrights.ie/?p=149#comment-124805 The patriot act has taken this topic to an entirely new level. Peoples privacy is a thing of the past. The patriot act has taken this topic to an entirely new level. Peoples privacy is a thing of the past.

]]> By: John | Pepper Spray http://www.digitalrights.ie/2008/11/28/time-to-take-a-close-look-at-surveillance/comment-page-1/#comment-95807 John | Pepper Spray Wed, 28 Jan 2009 11:12:29 +0000 http://www.digitalrights.ie/?p=149#comment-95807 Hi, This is my first time to this site and I have to say that nearly all the post touch on subjects close to my heart. Having lived in Ireland (Roscommon) and now living in London I can see the way these new surveillance are going. I think that the Irish government are just reacting to the current state of international terrorism, and probably some pressure from Europe. The one thing I would say, and I agree with you, is if you are going to give these types of powers to the security services then you have to go the whole hog. Hi,

This is my first time to this site and I have to say that nearly all the post touch on subjects close to my heart.

Having lived in Ireland (Roscommon) and now living in London I can see the way these new surveillance are going.

I think that the Irish government are just reacting to the current state of international terrorism, and probably some pressure from Europe.

The one thing I would say, and I agree with you, is if you are going to give these types of powers to the security services then you have to go the whole hog.

]]> By: Marc McDermott http://www.digitalrights.ie/2008/11/28/time-to-take-a-close-look-at-surveillance/comment-page-1/#comment-95097 Marc McDermott Sun, 11 Jan 2009 15:11:15 +0000 http://www.digitalrights.ie/?p=149#comment-95097 I think the only positive here is that as you mentioned the surveillance cant be used for criminal trials; rather just for intelligence. But it's only a matter of time I'm sure until an amendment is passed and such information will be found and used in court rooms. <a href="http://www.marc-mcdermott.com" rel="nofollow">Marc McDermott</a> I think the only positive here is that as you mentioned the surveillance cant be used for criminal trials; rather just for intelligence. But it’s only a matter of time I’m sure until an amendment is passed and such information will be found and used in court rooms.

Marc McDermott

]]> By: TJ http://www.digitalrights.ie/2008/11/28/time-to-take-a-close-look-at-surveillance/comment-page-1/#comment-94280 TJ Thu, 18 Dec 2008 14:41:21 +0000 http://www.digitalrights.ie/?p=149#comment-94280 Why limit this type of surveillance to cases punishable by 5 years imprisonment? This is the norm in other areas of Irish law where this cut off point is used to single out particularly serious offences. If you made this surveillance available more generally - in respect of minor offences in particular - there is a risk that it would be an unconstitutional violation of the privacy of the home. Why limit this type of surveillance to cases punishable by 5 years imprisonment? This is the norm in other areas of Irish law where this cut off point is used to single out particularly serious offences. If you made this surveillance available more generally – in respect of minor offences in particular – there is a risk that it would be an unconstitutional violation of the privacy of the home.

]]> By: steve white http://www.digitalrights.ie/2008/11/28/time-to-take-a-close-look-at-surveillance/comment-page-1/#comment-93838 steve white Wed, 10 Dec 2008 18:45:51 +0000 http://www.digitalrights.ie/?p=149#comment-93838 what about this only used in cases that get 5 years in jail thing, happy with that? what about this only used in cases that get 5 years in jail thing, happy with that?

]]> By: Some Linkage | Dave Kelly :: Blog http://www.digitalrights.ie/2008/11/28/time-to-take-a-close-look-at-surveillance/comment-page-1/#comment-93564 Some Linkage | Dave Kelly :: Blog Mon, 01 Dec 2008 10:36:14 +0000 http://www.digitalrights.ie/?p=149#comment-93564 [...] Digital Rights Ireland suggest Taking a Closer Look at Surveillance.  [...] [...] Digital Rights Ireland suggest Taking a Closer Look at Surveillance.  [...]

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