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Ireland’s role in Myanmar atrocities

The Government and military forces of Myanmar are the central focus of the UN Human Rights Council mission report on the plight of the Rohingya people of Myanmar. However, the report cites Facebook’s involvement and states:“The extent to which Facebook posts and messages have led to real-world discrimination and violence must be independently and thoroughly examined.” Ostensibly, it falls to Ireland to initiate an examination as suggested by the Human Rights Council mission because the Facebook accounts established for the […]

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Google’s policeman

It is very nice to have a good infographic. See this infographic to understand (some of) the GDPR. It is worth examining the infographic and contrasting it with Google’s latest boo-boo. Sorry, that boo-boo is not recent; its old news. See it HERE and HERE. Significantly, that too, a belated recognition that the horse has bolted, was a feature of the Facebook/Cambridge Analytica scandal. Every detail of that embroglio was long in the public domain before it was seen as […]

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The GDPR is not US Confederate money

Senator Mark Warner is the Democrat Vice Chairman of the US Senate Intelligence Committee. He issued a policy paper, in some fashion, in July 2018. It includes the redundant idea that the US should have a law “mimicking” the GDPR (or a watered down version of it). This suggestion was directed to the idea that internet users should be entitled to give or withhold their consent to the use of or access to their personal data. What the Senator seems […]

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The Facial Images on the PSC are Biometric Data

Mock PSC

Contention: That images of people’s faces which allow or confirm the identification of a person are biometric data and therefore data controllers and processors require a lawful basis under both Article 6 and Article 9 of the GDPR to process that data. Evidence: 1) The GDPR Article 4(14) of the General Data Protection Directive defines biometric data as follows; (emphasis added) ‘biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of […]

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USA -v- Microsoft Supreme Court hearing, Digital Rights Ireland and ORG Amicus Brief

US Supreme Court building from the front portico

USA -v- Microsoft is an important ongoing case, listed for hearing today before the US Supreme Court. Microsoft have been very firm that the US government’s efforts to make domestic court orders effective outside of the US is not based on a correct interpretation of US law. While lower courts sided with the US, the Federal Appeals Court of the 2nd Circuit found in favour of Microsoft. You can read the amicus brief submitted by Digital Rights Ireland, Liberty and […]

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The Data Sharing Agreement re the Public Services Card

It’s a requirement that public bodies sharing personal data, and relying on the provisions of the Social Welfare Consolidation Act 2005 to do so, have an agreement in place first. I wrote in 2014 about the (eventually)  fatal consequences for Irish Water’s attempts to rely on the 2005 Act in the absence of that Ministerial agreement. (It was illegal, and the hundreds of thousands of PPSN records Irish Water collected were subsequently scrapped.) So, having read through a good deal of documentation […]

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Submission to the Oireachtas Committee on Health re Part 2 of the General Scheme of the Health Information and Patient Safety Bill

This submission was made today, slightly after the deadline of 3pm. Nonetheless, I have submitted it for the consideration of the Oireachtas Committee on Health in response to their call for submissions. I post it here for reference. Printable version can be downloaded here: *** HEALTH INFORMATION AND PATIENT SAFETY BILL Analysis of Part 2: PERSONAL DATA, PERSONAL HEALTH DATA AND PERSONAL HEALTH INFORMATION By Simon McGarr, McGarr Solicitors Section 5 (1) “Nothing in this Act shall be construed as […]

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McGarr Solicitors representing Syrian refugees

UNHCR/Achilleas Zavallis

McGarr Solicitors is acting for a number of Syrian refugees being held in Greece including Ensaf, 13, and her father Bashar. They are challenging the decisions of the European Council that have led to them being kept apart from Ensaf’s mother Layali and her brother Riyad, 15, now safely resettled in Germany. Last year their home in Syria was bombed, and the family’s priority was to use what little money they could scrape together to get their deeply traumatised son […]

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Application by EFF and DRI in DPC v Facebook and Schrems

On Friday 17th June 2016, McGarr Solicitors attended before Mr. Justice McGovern in the High Court on behalf of Digital Rights Ireland and the Electronic Frontier Foundation, a US non-profit. Counsel applied for leave to file papers to support applications by our clients to be joined as amici curiae in the case of Data Protection Commissioner -v- Facebook Ireland Limited and Maximillian Schrems. The DPC is seeking a reference to the CJEU arising from Mr. Schrems’ complaint regarding the transfer […]

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Mass deportation is a mass breach of EU law

It is in Ireland’s interest (and the interest of the people of the EU) that the European Union endure. It is possible that the European Council http://europa.eu/about-eu/institutions-bodies/european-council/index_en.htm (including Enda Kenny) made a major error on 18th March 2016 (two days ago), undermining the EU. Reputedly, the European Council agreed the terms of a Joint Action Plan with Turkey. Currently, the exact terms of the Joint Action Plan have not been released to the public. Instead, the public has been issued […]

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