Feeds

Child porn control goes too far, says privacy chief

Seize card, not whole account

Boost IT visibility and business value

The Information Commissioner advised the Home Office against a key measure of its recent Data Protection Act amendment giving banks the power to administer an account without the knowledge of the account holders.

The measure has been put in place to prevent the re-use of payment cards to purchase child pornography and is explicitly limited only to that situation. Though the Information Commissioner's office mostly backs the change, it believes that it goes too far in one key respect.

"We were not persuaded that the part about administering the account was necessary," a spokeswoman for the Information Commissioner said. The Commissioner was consulted by the Home Office on the draft of the Home Secretary's Order amending the Act.

The draft Order says: "The processing of information about a criminal conviction or caution for an offence listed in paragraph (3) relating to an indecent photograph or pseudo-photograph of a child is necessary for the purpose of administering an account relating to the payment card used in the commission of the offence or for cancelling that payment card."

"We think it would have been enough to confiscate the card," said the spokeswoman, who confirmed that this would leave a person with an account but without the physical card that went with it.

The term "payment card" in the legislation refers to credit cards and to debit cards, so the "account" mentioned could be a full bank account, and not just a credit card account.

The measure has been established to prevent the use of credit cards to purchase child pornography at the request of payments body APACS. An APACS spokeswoman said the information could only go to the issuer of a card used for an offence. "There is nothing to stop that person going to another bank for another card," she said.

See:

Copyright © 2006, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

The Essential Guide to IT Transformation

More from The Register

next story
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Sonos AXES support for Apple's iOS4 and 5
Want to use your iThing? You can't - it's too old
Stick a 4K in them: Super high-res TVs are DONE
4,000 pixels is niche now... Don't say we didn't warn you
Philip K Dick 'Nazi alternate reality' story to be made into TV series
Amazon Studios, Ridley Scott firm to produce The Man in the High Castle
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
Too many IT conferences to cover? MICROSOFT to the RESCUE!
Yet more word of cuts emerges from Redmond
Joe Average isn't worth $10 a year to Mark Zuckerberg
The Social Network deflates the PC resurgence with mobile-only usage prediction
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
The Essential Guide to IT Transformation
ServiceNow discusses three IT transformations that can help CIO's automate IT services to transform IT and the enterprise.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.