Feeds

Child porn control goes too far, says privacy chief

Seize card, not whole account

Secure remote control for conventional and virtual desktops

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
Kate Bush: Don't make me HAVE CONTACT with your iPHONE
Can't face sea of wobbling fondle implements. What happened to lighters, eh?
Video of US journalist 'beheading' pulled from social media
Yanked footage featured British-accented attacker and US journo James Foley
Caught red-handed: UK cops, PCSOs, specials behaving badly… on social media
No Mr Fuzz, don't ask a crime victim to be your pal on Facebook
Ballmer leaves Microsoft board to spend more time with his b-balls
From Clippy to Clippers: Hi, I see you're running an NBA team now ...
Online tat bazaar eBay coughs to YET ANOTHER outage
Web-based flea market struck dumb by size and scale of fail
Amazon takes swipe at PayPal, Square with card reader for mobes
Etailer plans to undercut rivals with low transaction fee offer
Assange™: Hey world, I'M STILL HERE, ignore that Snowden guy
Press conference: ME ME ME ME ME ME ME (cont'd pg 94)
Call of Duty daddy considers launching own movie studio
Activision Blizzard might like quality control of a CoD film
US regulators OK sale of IBM's x86 server biz to Lenovo
Now all that remains is for gov't offices to ban the boxes
prev story

Whitepapers

5 things you didn’t know about cloud backup
IT departments are embracing cloud backup, but there’s a lot you need to know before choosing a service provider. Learn all the critical things you need to know.
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.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.
Rethinking backup and recovery in the modern data center
Combining intelligence, operational analytics, and automation to enable efficient, data-driven IT organizations using the HP ABR approach.
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.