On 26 September 2018 the Information Commissioner’s Office (ICO) began formal enforcement action against 34 organisations that have failed to pay their data protection fees. Notices of intent have been served on both private and public sector organisations, including the NHS, government organisations, and businesses in recruitment, finance and accountancy. They have until 17 October … Continue Reading
The Information Commissioner’s Office (ICO) has published its Technology Strategy for 2018 to 2021. The Strategy, part of the ICO’s focus on adapting to rapidly developing technologies, outlines eight “technology goals” and the measures that will be implemented to achieve them. Technology goals Broadly, these goals include increased technology training for the ICO’s staff and … Continue Reading
On 6 July 2018, the Information Commissioner’s Office (ICO) issued an enforcement notice against AggregateIQ for failing to comply with the General Data Protection Regulation 2016/679 (GDPR). The enforcement notice was issued as part of the ICO’s investigation into whether personal data was misused by both sides during the Brexit referendum. AggregateIQ The terms of … Continue Reading
In Xerpla Ltd v. Information Commissioner [2018] UKFTT 2017_0262 (GRC) (14 August 2018), an English General Regulatory Tribunal has overturned a fine, issued by the Information Commissioner’s Office (ICO) against the direct marketing company, Xerpla Ltd, after the ICO determined that Xerpla had failed to obtain the necessary consents for electronic communications to its subscribers. … Continue Reading
The government has published its response to the April 2018 targeted consultation on the Security of Network and Information Systems Directive (NISD). The targeted consultation specifically addressed how NISD will apply to Digital Service Providers (DSPs) in the UK, focusing on the identification of DSPs, security measures and further guidance. This follows the government’s public … Continue Reading
The Information Commissioner’s Office (ICO) has published new guidance on international data transfers (the guidance) under the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). Ex-EU personal data transfers The GDPR restricts the transfer of personal data to non-EU countries or international organisations. The ICO has clarified that a transfer is restricted if: The GDPR … Continue Reading
On 10 July 2018, the Information Commissioner’s Office (ICO) announced its intent to fine Facebook £500,000 for two breaches of the Data Protection Act 1998, the maximum permitted under the pre-GDPR regime. If the penalty is enforced, it will be the biggest issued by the ICO in its history. For some perspective, had the breach … Continue Reading
The Information Commissioner’s Office (‘ICO’) has published its 2017/2018 Annual Report, covering the 12 months leading up to 31 March 2018. The report is the ICO’s annual report to Parliament as required by the Data Protection Act 1998 (‘DPA’), and outlines the achievements and work of the ICO. Among the findings reported are the number … Continue Reading
The UK Information Commissioner’s Office (ICO) has issued a resource for organizations to utilise when hiring and structuring the roles of data protection officers (DPO) under the General Data Protection Regulation (GDPR). This blog summarises several key elements of these resources. DPO checklist The checklist contains four sections which include: Appointing a DPO – across … Continue Reading
On 23 May 2018, the Data Protection Act 2018 (DPA) received royal assent and became UK law. The DPA implements the EU’s General Data Protection Regulation (GDPR), while providing for certain permitted derogations, additions and UK-specific provisions. The DPA: Repeals and replaces the previous Data Protection Act 1998 (the 1998 Act) as the primary piece … Continue Reading
The General Data Protection Regulation ((EU) 2016/9679) (GDPR) came into effect on 25 May 2018. One of the key principles centres on integrity and confidentiality of personal data. Article 5(1)(f) of the GDPR provides that personal data shall be: “processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised … Continue Reading
On 6 February 2018, the Article 29 Working Party (WP29) adopted revised guidelines on binding corporate rules (BCRs). These were issued following a period of public consultation that concluded on 17 January 2018. Technology Law Dispatch previously covered the issuing of the draft guidelines last December, in a blog setting out the key elements of … Continue Reading
On 20 February 2018, The Data Protection (Charges and Information) Regulations 2018 (the Regulations) were laid before the UK parliament. The Regulations affect what businesses have to pay when registering their data protection arrangements with the Information Commissioner’s Office (ICO). On 21 February 2018, the ICO issued a guide for data controllers about the proposed … Continue Reading
With less than three months until the General Data Protection Regulation 2016/279 (GDPR) comes into effect on 25 May 2018, the Article 29 Working Party (WP29) published revised guidelines on personal data breach notification (Guidelines). You may well remember our recent blog covering the Guidelines when the WP29 issued its initial guidance on 3 October … Continue Reading
The UK’s Information Commissioner (ICO) has published draft GDPR guidance on contracts and liabilities between controllers and processors. The draft guidance is currently open for consultation,with responses due by 10 October 2017. The purpose of the guidance is to help organisations understand what needs to be included in written contracts between controllers and processors under … Continue Reading
The latest in the series of blogs from the UK Information Commissioner’s Office (ICO) looks at some of the myths around data breach reporting under the General Data Protection Regulation (GDPR). Given the misleading press stories on this topic, the ICO’s blog should provide some welcome clarification for concerned businesses as they prepare to comply … Continue Reading
Distributed Ledger Technology (DLT) and cryptocurrency have been a hot topic this summer. DLT has begun its transition from a proof-of-concept phase, to a real world deployment. Some of the changes over the last six weeks include: Bitcoin splitting into two currencies; the Securities Exchange Commission (SEC), the Canadian Securities Administrators (CSA), and the Monetary … Continue Reading
The Information Commissioner’s Office (“ICO”) has released its International Strategy 2017-2021 (“Strategy”). The Strategy supports its Information Rights Strategic Plan, which we reported on earlier this year. The first part of the Strategy refers to the challenges and priorities for the next five years, particularly in light of changes brought about by the General Data … Continue Reading
The Information Commissioner’s Office (ICO) has published an updated data subject access code of practice (the Code) to reflect developments following two major Court of Appeal judgments published in early 2017: Dawson-Damer and others v Taylor Wessing LLP [2017] EWCA Civ 74 and Ittihadieh v 5-11 Cheyne Gardens RTM Company Ltd and Others [2017] EWCA Civ 121. … Continue Reading
The ICO recently published its Information Rights Strategic Plan for 2017 – 2021 (the ‘Plan’). Within it, the ICO Commissioner, Elizabeth Denham, asserts that we are on the “edge of a new frontier,” and that the data protection landscape is about to be reshaped by the “game changing” General Data Protection Regulation (the ‘GDPR’). Noting … Continue Reading
Information Commissioner Elizabeth Denham has recently given some valuable insights into the Information Commissioner’s Office’s (ICO) General Data Protection Regulation (“GDPR”) strategy. Addressing the House of Lords EU Home Affairs Sub-Committee, she made clear that numerous pressures face the ICO as a result of the substantial workload created by the GDPR. Commissioner Denham emphasised that … Continue Reading
At the beginning of February, the Minister of State responsible for digital and culture policy, Matt Hancock, reaffirmed the UK’s commitment to implementing legislation mirroring the General Data Protection Regulation (GDPR), and ensuring the uninterrupted flow of personal data between the UK and EU post Brexit. Reaffirmed Commitment to the GDPR… Continue Reading
In August, the UK’s data protection regulator, the ICO, fined a Hertfordshire GP practice £40,000 under the Data Protection Act 1998 (“DPA”) after a subject access request (“SAR”) went badly wrong. A lack of process, training and supervision resulted in confidential details about a patient being sent to her estranged ex-partner, who then used them … Continue Reading
The Interim Deputy Commissioner at the Information Commissioner’s Office (“ICO”), Steve Wood, has published a blog reminding organisations of their obligations when transferring personal data to the United States, pursuant to the case brought by Max Schrems in 2015, which led to the Safe Harbor framework being declared immediately invalid. Wood reminds organisations that continued … Continue Reading
