GDPR – the golden opportunity behind the administrative nightmare – Hardwicke Chambers

Posted October 20th, 2017 in data protection, EC law, news, privacy by sally

‘Olive Cooke. You may not recall her name but you may remember the terrible story of the little old lady driven to take her own life partly as a result of being pursued relentlessly for donations by various charities who had obtained her contact details directly or indirectly.’

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Hardwicke Chambers, 6th October 2017

Source: www.hardwicke.co.uk

NHS data loss scandal deepens with further 162,000 files missing – The Guardian

Posted October 17th, 2017 in data protection, documents, health, hospitals, news by tracey

‘The scandal over the biggest ever loss of NHS medical correspondence has deepened with the revelation that a further 162,000 documents went missing, in addition to the 702,000 pieces of paperwork already known to have gone astray.’

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The Guardian, 16th October 2017

Source: www.theguardian.com

High Court judge grants malicious falsehood and data protection injunctions over video content – OUT-LAW.com

‘A UK businessman has been barred from repeating false statements he made about a rival company and one of its senior employees, and ordered not to process the personal data of that employee again.’

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OUT-LAW.com, 13th October 2017

Source: www.out-law.com

University of East Anglia not punished over data breach – BBC News

Posted October 13th, 2017 in data protection, electronic mail, news, universities by tracey

‘A university that mistakenly emailed sensitive personal information about students to hundreds of undergraduates will face no further action.’

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BBC News, 13th October 2017

Source: www.bbc.co.uk

UK proposals for child data consent could be illegal, says peer – OUT-LAW.com

Posted October 12th, 2017 in bills, children, consent, data protection, internet, news by sally

‘Plans to make 13 the age at which children in the UK can consent to the processing of their data on social media websites and other online platforms “would almost certainly be illegal”, a UK peer has said.’

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OUT-LAW.com, 12th October 2017

Source: www.out-law.com

Section 10 DPA and Youtube videos: Court grants wide perpetual injunction – Panopticon

Posted October 10th, 2017 in data protection, injunctions, internet, news by sally

‘Al-Ko Kober Ltd and Paul Jones v Balvinder Sambhi [2017] EWHC 2474 (QB) is, rather improbably, a DPA case about caravan tow-bars and braking systems. A commercial operator used Youtube videos to malign a competitor business and its marketing manager, until the High Court (Mrs Justice Whipple) granted injunctions last week.’

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Panopticon, 9th October 2017

Source: panopticonblog.com

Privacy controls should be developed for users of connected and autonomous vehicles, say data watchdogs – OUT-LAW.com

Posted October 9th, 2017 in computer programs, data protection, internet, news, privacy, road traffic by sally

‘Users of connected and autonomous vehicles should be able to control who is given access to the data generated by those vehicles, data protection watchdogs from across the globe have said.’

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OUT-LAW.com, 6th October 2017

Source: www.out-law.com

Data law: don’t expect a soft start, lawyers warned – Law Society’s Gazette

‘Any hope that a tough new data protection regime will be enforced lightly at first were dashed this week by a senior figure at the Information Commissioner’s Office (ICO). The EU General Data Protection Regulation (GDPR) comes into force on 25 May next year, regardless of domestic legislation currently before parliament.’

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Law Society's Gazette, 29th September 2017

Source: www.lawgazette.co.uk

British courts may unlock secrets of how Trump campaign profiled US voters – The Guardian

Posted October 2nd, 2017 in data protection, foreign jurisdictions, internet, news, privacy by sally

‘Legal mechanism may help academic expose how Big Data firms like Cambridge Analytica and Facebook get their information.’

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The Guardian, 1st October 2017

Source: www.theguardian.com

Oliver Butler: The Data Protection Bill and Public Authority Powers to Process Personal Data: Resurrecting Clause 152 of the Coroners and Justice Bill 2009? – UK Constitutional Law Association

Posted September 28th, 2017 in bills, data protection, EC law, local government, news, public interest by sally

‘The Data Protection Bill currently before Parliament substantially resurrects the controversial clause 152 of the Coroners and Justice Bill 2009. Careful scrutiny of this provision is needed and it must not be lost in the legislative morass as the UK grapples with data protection reform.’

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UK Constitutional Law Association, 28th September 2017

Source: ukconstitutionallaw.org

Ex-employee of adult care department fined for taking personal data – Local Government Lawyer

Posted September 26th, 2017 in costs, data protection, fines, news, social services by sally

‘A former employee of Leicester City Council’s adult social care department has been fine for unlawfully obtaining personal data.’

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Local Government Lawyer, 25th September 2017

Source: www.localgovernmentlawyer.co.uk

Another Data Protection Act! “You’re joking! Not another one!” – A Short History of Data Protection Legislation in the UK – NIPC Law

Posted September 25th, 2017 in data protection, news, privacy by sally

‘Towards the end of the 1960s and the beginning of the 1970s, concern was expressed in a number of countries about the power of computers to gather, collate and disseminate personal information. In the UK, such concerns were referred to a committee chaired by Sir Kenneth Younger that had been appointed to consider privacy. In its report – the Younger Committee Report on Privacy 1972 (Cmnd 5012) – the committee found no evidence that the use of computers by the private sector constituted a threat to privacy at that time but it accepted the possibility that such use might be a threat in the future (para 69 of that report). Younger advised the government to set up a body with representatives from the computer industry to monitor and report on such use and to recommend action as and when necessary.’

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NIPC Law, 23rd September 2017

Source: nipclaw.blogspot.co.uk

General Data Protection Regulation (GDPR) Series, Part 3 – GDPR consent and fair processing – Technology Law Update

Posted September 20th, 2017 in consent, data protection, EC law, news, regulations by sally

‘Every data processing activity requires a lawful basis. Such lawful basis may be provided directly by law, or by consent granted by the data subject, both according to the statutory requirements set out in the Directive 95/46/EC and, importantly, national data protection laws. This general principle remains unchanged under the GDPR, however, the new Regulation provides for new or additional requirements for such consent to be a lawful basis for processing and transfer of personal data.’

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Technology Law Update, 14th September 2017

Source: www.technology-law-blog.co.uk

General Data Protection Regulation (GDPR) Series, Part 2 – the importance of self-assessment – Technology Law Update

Posted September 20th, 2017 in data protection, EC law, news, regulations by sally

‘In any major project there is an analysis phase – involving a careful examination of your organisation’s current set-up and what needs to be done to deliver the project successfully. Preparing for the GDPR is no exception. Depending on the structures and practices of your organisation, compliance could require a significant allocation of resources to ensure that you are ready by the implementation date: 25 May 2018.’

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Technology Law Update, 15th June 2017

Source: www.technology-law-blog.co.uk

FCA moves to clarify scope of regulation of account information services under PSD2 – OUT-LAW.com

‘Service providers that help other businesses to pool information from different payment accounts on behalf of customers will not be subject to regulation under new UK payment services laws if they do not deliver the aggregated data to the customer themselves, the Financial Conduct Authority (FCA) has confirmed.’

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OUT-LAW.com, 19th September 2017

Source: www.out-law.com

The Data Protection Bill: some initial observations – Panopticon

Posted September 18th, 2017 in bills, consent, data protection, EC law, internet, legal language, news, penalties by tracey

‘Parliament on Thursday 14 September. But to digest it in full, one needs time, commitment, and coffee. It is not a straightforward read. It seeks to implement the GDPR in full and in Brexit-proof fashion, to plug the gaps that the GDPR requires member states to fill, and also to apply a GDPR-like regime to areas of data processing that are not covered by the GDPR itself. The Bill is of course liable to change in the coming months, but here are some observations and highlights in the meantime.’

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Panopitcon, 18th September 2017

Source: panopticonblog.com

Data Protection Bill introduced before UK parliament – OUT-LAW.com

Posted September 15th, 2017 in bills, data protection, news by tracey

‘The Data Protection Bill (218-page / 852KB PDF) is primarily designed to complement the EU’s General Data Protection Regulation (GDPR), which will have direct application in the UK from 25 May 2018, and implement another EU directive on the processing of personal data by law enforcement agencies.’

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OUT-LAW.com, 14th September 2017

Source: www.out-law.com

Watchdog warns over police database of millions of facial images – The Guardian

Posted September 14th, 2017 in data protection, news, police, privacy, reports by tracey

‘An official watchdog has issued a fresh warning over the police’s use of more than 20m facial images on their searchable databases, more than five years after the courts ruled that the inclusion of images of innocent people was unlawful.’

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The Guardian, 13th September 2017

Source: www.theguardian.com

New duty to notify data breaches will provide general benefits to data privacy and security, says UK watchdog – OUT-LAW.com

Posted September 7th, 2017 in data protection, EC law, news, notification, privacy, regulations by tracey

‘Data security and privacy will be bolstered by the introduction of new data breach reporting requirements, the UK’s information commissioner has said..’

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OUT-LAW.com, 6th September 2017

Source: www.out-law.com

‘Smart’ and autonomous vehicle cyber guidance: Data protection considerations – Technology Law Update

‘On 6 August 2017, in advance of proposed legislation, the UK government published 8 ‘Key Principles’ regarding the cyber security of connected and autonomous vehicles. This is the last of a series of 4 blogs regarding those principles.’

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Technology Law Update, 30th August 2017

Source: www.technology-law-blog.co.uk