This is a thread with some reactions to reading the DPC decision on Limerick's CCTV systems. A few points:
- the decision is comprehensive and methodical;
- it should be required reading for legislators and large data controllers (particularly State bodies)
- it is damning.
There is an element of everything-that-could-go-wrong-going-wrong and, in fact, what it reveals is much worse than what I had feared or suspected. As Fergal says:
It is astounding that some of these issues were ongoing at the time they were under inspection, not least due to high-profile nature of the introduction of the GDPR and, to some extent, the fact that some (!) local residents drew attention to the issues.
I say it should be required reading for legislators (due to commentary on legal bases and consideration of some specific legislative provisions) and DCs, esp DPOs, for consideration of legitimate processing, DPIAs, transparency, proportionality etc.
The headline is the €110,000 fine but specialists will be interested in the breakdown - for example, €35,000 of that was a specific fine for rejecting SARs. This should be a warning to some.
The Deputy DPC responsible for leading the investigation described the decision this morning as making for "disturbing reason".
Highlights it was not the first report on LAs but stood out for extent of activity.
Makes similar points that I made earlier on the same radio show - failures in governance; the law is there to allow CCTV "but Limerick City and County Council have broken the law."
It's worth listening to the interview with Deputy DPC Tony Delaney for a sense of the regulator's attitude to Limerick City & County Council. Remarkably forthright in criticism of the Council and the elements that "disturbed" the DPC.
One of the issues I raised repeatedly was the use of Garda authorisations for community CCTV (the legislation being very limited). Reading the DPC decision this was a clear issue.
DPC found that Garda authorisations were a good legal basis for 44 (LCC operates 401 cameras!).
The Council relied on local Goverment legislation to justify cameras in housing estates, but the DPC found that the law does not “empower the Council to carry out surveillance in public places”.
"We aren’t saying that consent has no place in this ecosystem. But it shouldn’t be the only way we let people make decisions about data protection."
Exactly! That's why GDPR has 6 legal bases for processing, one of which is consent. And consent is often not an appropriate basis.
Choose legal basis that reflects the relationship and processing, consent is often not appropriate and if consent is difficult it's probably because a different legal basis is the right one - @ICOnews
Finally read full article; situation with GMI worse than I thought.
GMI is engaged in highly sensitive data collection: harvesting genetic material on a population-wide scale. Its approach to doing so & lack of clarity/appropriate behaviour on foundational issues v. worrying.
Aside from hoovering up genetic material from Irish hospitals, GMI operates a high street presence, gathering up further genetic material in "exchange" for gimmicky health/fitness "metrics".
Remember GMI is a private company, not a State research org.
In November 2018 the Data Protection Commission helpfully obliged the Government by saying that community CCTV has a legal basis (required by GDPR) in section 38 of the Garda Síochána Act (once authorised). That statement now, predictably, relied on.
"Once the local authority in the administrative area concerned is willing to take on and deliver on its responsibilities as a data controller for the schemes concerned, there is no legal impediment under data protection legislation to the scheme commencing.”
However, section 38(2) says:
"The Garda Commissioner shall specify the areas within which, based on the information available to him or her, the installation and operation of CCTV is warranted for the purpose specified in subsection (1)."
Kári Stefánsson was a director of GMI until last September. GMI has numerous overlaps with DeCODE Genetics, the company he founded in Iceland. He thinks medical privacy is not just overrated, but "morally unacceptable".
"I think it is completely unacceptable that you could demand service from the health care system at the same time as you refuse to have your information used to make discoveries."
Wow.
He does talk about data security in that Q&A, and elsewhere talks about the importance of protecting the data. But that is hard to square with the attitudes quoted above.
In October 2018 GMI reps met with DoH to discuss the Health Research Regulations. Look at the first sentence here, from this DoH memo of the meeting.
Here’s the footnoted aside.
This is why GMI is important and needs to be tackled.
Health researchers and doctors with them are well funded and connected and make dramatic claims both about what they will achieve and what will be prevented by regulation.