Watchdog concerned that government plans for the Data Protection Bill threaten its independence – OUT-LAW.com

Posted December 12th, 2017 in bills, data protection, news by sally

‘The UK’s data protection watchdog has raised concerns that proposed new UK laws threaten its ability to operate independently of the government.’

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OUT-LAW.com, 11th December 2017

Source: www.out-law.com

Three out of four small and medium-sized businesses not ready for new data laws face huge fines – The Independent

Posted December 12th, 2017 in data protection, fines, news, small businesses by sally

‘Three-quarters of Britain’s small and medium-sized businesses are unprepared for the introduction of strict new EU data laws designed to protect people’s private information following a number of high profile data breaches, a merchant bank has warned.’

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The Independent, 11th December 2017

Source: www.independent.co.uk

Landmark judgment in group litigation data leak claim – 5RB

‘Judgment in the trial on liability in a group litigation claim brought by 5,518 employees of the supermarket chain WM Morrison Supermarkets PLC has been handed down today [1 December].’

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5RB, 1st December 2017

Source: www.5rb.com

Data Breach, Group Actions, and the criminal insider: the Morrisons case – Panopticon

Posted December 7th, 2017 in appeals, damages, data protection, mental health, news, vicarious liability by sally

‘In Vidal-Hall v Google [2015] EWCA Civ 311 the Court of Appeal held that damages claims under section 13 of the Data Protection Act 1998 (DPA) can be brought on the basis of distress alone, without monetary loss. Since that decision there has much speculation that a major data breach could lead to distress-based claims against the data controller by a large class of individuals. Even if each individual claim was modest (in the hundreds or low thousands of pounds) the aggregate liability could be substantial.’

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Panopticon, 6th December 2017

Source: panopticonblog.com

UK admits that Investigatory Powers Act needs updated to comply with EU law – OUT-LAW.com

‘The Investigatory Powers Act needs to be updated if it is to comply with EU law, the UK government has admitted.’

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OUT-LAW.com, 1st December 2017

Source: www.out-law.com

The data protection bill is yet another legal threat to UK press freedom – The Guardian

‘Proposals to allow the information commissioner to assess journalists’ use of private information before publication could let the powerful off the hook.’

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The Guardian, 3rd December 2017

Source: www.theguardian.com

Vicarious Liability and Data Controllers – Panopticon

Posted December 1st, 2017 in data protection, news, vicarious liability by sally

‘The High Court (Langstaff J) has today handed down an almost 200 paragraph judgment in the first ever group litigation data breach case to come before the courts. The issue for the court was whether the defendant data controller, Morrisons, was in principle either directly or vicariously liable for the actions of a rogue employee who had, as an act of malice directed at his employer, taken payroll data relating to some 100,000 employees and published it online. The court concluded that, despite itself having been entirely innocent of the misuse, Morrisons was in principle liable to compensate all the claimants in the group, some 5,500 individuals, on the basis of the application of common law (no fault) vicarious liability principles.’

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Panopticon, 1st December 2017

Source: panopticonblog.com

UK class action accuses Google of unlawfully harvesting personal data – The Guardian

Posted November 30th, 2017 in class actions, data protection, internet, news, privacy, telecommunications by sally

‘More than 5 million people in the UK could be entitled to compensation from Google if a class action against the internet giant for allegedly harvesting personal data is successful. A group led by the former executive director of consumer body Which?, Richard Lloyd, and advised by City law firm Mischon de Reya claims Google unlawfully collected personal information by bypassing the default privacy settings on the iPhone between June 2011 and February 2012.’

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The Guardian, 30th November 2017

Source: www.theguardian.com

Uber says 2.7m Brits hit by breach that was covered up – BBC News

Posted November 30th, 2017 in data protection, disclosure, news, privacy by sally

‘Uber has revealed that 2.7 million British riders and drivers were affected by a 2016 data breach that it covered up for more than a year.’

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BBC News, 29th November 2017

Source: www.bbc.co.uk

Data breach management: how not to do it – Technology Law Blog

Posted November 23rd, 2017 in computer crime, data protection, disclosure, news by sally

‘The theft of personal data by malicious employees or third parties does not have to be a disaster. With appropriate PR and legal advice, and proactive engagement and input from senior management, an organisation can minimise the negative consequences and may even be able to strengthen client relationships. The key is transparency – you to need to own the breach, and demonstrate a proactive, strong response.’

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Technology Law Blog, 23rd November 2017

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

Uber’s data breach handling provides lessons for others ahead of GDPR, says expert – OUT-LAW.com

Posted November 23rd, 2017 in data protection, EC law, news, regulations by sally

‘Businesses can learn lessons from the way that Uber handled a major data breach that hit the company last year, a data protection law expert has said.’

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OUT-LAW.com, 22nd November 2017

Source: www.out-law.com

Police face legal action over Luton airport terror detention – The Guardian

Posted November 22nd, 2017 in data protection, detention, holidays, human rights, news, police, terrorism by sally

‘A man detained by the police on his way to a holiday in Rome is bringing legal action against Bedfordshire police for breaching his human rights.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

Increase in disgruntled employees stealing confidential customer data – Daily Telegraph

Posted November 20th, 2017 in contract of employment, data protection, news, statistics, theft by sally

‘The number of High Court cases involving employees stealing confidential data has increased by 25pc in a year, according to new figures.’

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Daily Telegraph, 20th November 2017

Source: www.telegraph.co.uk

Policeman jailed for selling crash data to claims firm – which were sold on to law firms – Legal Futures

‘Two married constables working for Lancashire Police were sentenced last month for stealing police data about car crashes and selling it to claims firms for £363,000.’

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Legal Futures, 8th November 2017

Source: www.legalfutures.co.uk

Government reiterates plans for EU-UK data flows post-Brexit amidst criticism of Data Protection Bill powers – OUT-LAW.com

‘The UK government has reiterated its plans to establish an agreement with the remainder of the EU member states that will allow personal data to flow across borders unhindered post-Brexit.’

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OUT-LAW.com, 30th October 2017

Source: www.out-law.com

Most organisations are unclear about data storage and transfer arrangements, say privacy watchdogs – OUT-LAW.com

‘Most privacy notices displayed on websites and mobile apps do not explain to consumers the country in which collected personal data is stored, according to a study carried out by data protection authorities based around the world.’

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OUT-LAW.com, 26th October 2017

Source: www.out-law.com

Government called on to let data breach victims force compensation – The Guardian

Posted October 24th, 2017 in bills, compensation, consumer protection, data protection, news, victims by sally

‘Consumer organisation Which? is calling on the government to create new rights for people who have been the victims of a corporate data breach.’

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The Guardian, 24th October 2017

Source: www.theguardian.com

GDPR: scope of rules on profiling not confined to solely automated processing, data watchdog says – OUT-LAW.com

Posted October 23rd, 2017 in data protection, EC law, news, regulations by sally

‘Laws that place restrictions on the ‘profiling’ of individuals do not just apply to data processing completed entirely automatically, EU data protection authorities have said.’

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OUT-LAW.com, 20th October 2017

Source: www.out-law.com

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

GDPR: Businesses will be considered ‘aware’ of data breaches when their data processors notice the breach, says watchdog – OUT-LAW.com

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

‘Businesses that outsource the processing of personal data to other companies will be said to be aware of data breaches experienced by those processors as soon as the processors themselves recognise the breach, according to proposed new guidance.’

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OUT-LAW.com, 20th October 2017

Source: www.out-law.com