News stories posted during 2017

ICO now in charge of TPS

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17/01/2017 by:

Starting this month, the ICO is now running the Telephone Preference Service (TPS) which provides individuals with the opportunity to opt out from telephone marketing. The move supports the ICO’s active stance in enforcing the Privacy and Electron...

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ICO updates its GDPR guidance

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18/01/2017 by:

The ICO has added some information to its GDPR guidance document, indicating the areas where the EU Article 29 Data Protection Working Party will issue guidance, and areas on which the ICO is currently concentrating. The ICO aims to publish guidan...

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UK will ensure unhindered international data flows, Data Protection Minister says

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02/02/2017 by:

The government is committed to bringing the EU Data Protection Regulation (GDPR) into force in full by May 2018 and will bring forward legislation in the next parliamentary session to amend the Data Protection Act 1998. Giving evidence at the Hous...

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Government reaffirms its commitment to ensure unhindered data flows

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01/03/2017 by:

The government has today launched its Digital Strategy, which aims to ‘make Britain the best place to start and grow a digital business, or trial a technology.’ The strategy has seven pillars, including ‘data economy; unlocking the power of data i...

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ICO issues GDPR draft guidance on consent and launches consultation

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03/03/2017 by:

The ICO’s draft guidance on how consent will be understood under the GDPR says that going forward, there must be a positive opt-in. Consent should be separate from other terms and conditions, and it should not generally be a pre-condition of signi...

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Denham: Best way forward would be to obtain an adequacy finding from the EU

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14/03/2017 by:

Elizabeth Denham, Information Commissioner, is recommending to the government that the UK applies for an EU adequacy finding for data transfers. Giving evidence at the House of Lords EU Home Affairs Sub-Committee on 8 March, Denham said that an...

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Flybe and Honda fined for not respecting marketing opt-outs

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28/03/2017 by:

Flybe, a regional airline, and Honda Motors have been fined £70,000 and £13,000 respectively for breach of the Privacy and Electronic Communications Regulations (PECR). Both companies failed to respect individuals’ opt-outs from future marketing....

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ICO requests stakeholder feedback on GDPR profiling issues

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07/04/2017 by:

The ICO yesterday issued a discussion paper on GRPR profiling provisions and is seeking comments by 28 April. The responses will help the ICO in its work at European level. The ICO is leading an EU Article 29 Working Party on this issue – the WP...

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Wonga loses personal data of 245,000 UK customers

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11/04/2017 by:

The payday loan firm, Wonga, has suffered a data breach that has exposed names, e-mail addresses, home addresses, phone numbers, the last four digits of card numbers, bank account numbers and sort codes. The ICO has confirmed that it has received ...

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Government calls for views on GDPR UK derogations

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13/04/2017 by:

The Department for Culture, Media and Sports (DCMS) yesterday, 12 April, issued its “Call for views” on the General Data Protection Regulation derogations. The DCMS says that ‘the UK pressed hard throughout negotiations to ensure that the GDPR doe...

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Digital Economy Act passed: DP implications for data sharing and direct marketing

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03/05/2017 by:

The Digital Economy Bill received Royal Assent and passed into law last Thursday 27 April. The Act, which has data protection implications for data sharing and direct marketing, was rushed through Parliament due to the forthcoming general election...

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Information Commissioner to investigate use of data analytics for political purposes including companies operating internationally

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17/05/2017 by:

Elizabeth Denham, UK Information Commissioner, has announced today that she has launched a formal investigation into the use of data analytics for political purposes.  In response to a question from PL&B, she confirmed in open session at the ICO...

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ICO issues Information Rights Strategic Plan

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30/05/2017 by:

Elizabeth Denham marked 25 May last week, exactly a year before the GDPR applies in the UK and the other European Economic Area Member States by three initiatives, including issuing the ICO’s new Information Rights Strategic Plan 2017 – 2021. The...

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Morrisons supermarket chain fined for not respecting email opt-outs

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20/06/2017 by:

The supermarket chain Morrisons has been fined by the ICO £10,500 for not respecting customer opt-outs from marketing emails. The case, in breach of the Privacy and Electronic Communications Regulation (PECR), was initiated by a complaint from a...

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ICO issues revised guidance on Subject Access Requests

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21/06/2017 by:

The ICO has published a revised Subject Access Code of Practice. The ICO states that organisations should adopt a positive outlook on Subject Access Requests (SARs) – apart from fulfilling a legal right this is an ‘opportunity for you to improve...

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UK government committed to GDPR

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21/06/2017 by:

In the Queen’s Speech (outlining the new government’s programme) today, the UK government has made its intention clear to legislate to ‘ensure that the United Kingdom retains its world-class regime protecting personal data’ by implementing the EU...

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ICO wants a strong international presence regardless of Brexit

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10/07/2017 by:

The ICO has issued an international strategy which underlines its aim to retain a strong working relationship with its EU counterparts, as well as form new relationships and learn from other DPAs internationally. The ICO says that it will continue...

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Industry group issues guidance on GDPR legitimate interests

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12/07/2017 by:

The Data Protection Network (DPN) has published guidance on legitimate interests under the EU General Data Protection Regulation (GDPR). This practical tool is aimed at helping commercial and not-for-profit organisations to decide whether or not...

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ICO issues record number of PECR penalties

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13/07/2017 by:

 The ICO issued, in the past 12 months, more fines for PECR (Privacy and Electronic Communication Regulations) breaches than ever before. The ICO’s 2016-17 Annual Report, issued today, reveals that the ICO issued 23 penalties totalling £1,923,000....

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UK Government announces its plans for new Data Protection Bill

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07/08/2017 by:

The Data Protection Bill will implement into UK law the GDPR derogations and the EU Data Protection Law Enforcement Directive, the government announced today. The majority of the EU General Data Protection Regulation (GDPR) provisions will...

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ICO: The GDPR regime will not mean changes in its appetite for fining

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09/08/2017 by:

The government’s statement of intent on Monday this week to legislate in GDPR-style also confirmed GDPR-level fines, but the Information Commissioner, Elizabeth Denham, says that maximum fines will not become the norm. Writing in a blog today,...

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UK government seeks interim solution to international data flows

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24/08/2017 by:

The exchange and protection of personal data , the UK government’s paper, published today, suggests that it is important to agree now a UK-EU model for international data transfers in order to avoid any disruption to business in the future. The...

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Government consults on implementation of cyber security directive

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30/08/2017 by:

The government is seeking views on implementation of the EU Network and Information Systems (NIS) Directive. The government says it supports the aims of the Directive and sets out in this consultation the proposed implementation approach in the UK...

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ICO issues GDPR draft guidance on contracts and liabilities

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13/09/2017 by:

The document, published today, and currently open for consultation, explains contracts and liabilities between controllers and processors under the GDPR. The ICO says that contracts must state details of the processing, such as the nature and...

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Government introduces Data Protection Bill in House of Lords

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14/09/2017 by:

The Data Protection Bill was introduced into the House of Lords on 13 September 2017. It will replace the Data Protection Act 1998 and implement the EU General Data Protection Regulation (GDPR). The Bill differs from the GDPR in that it covers, in...

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ICO welcomes draft DP Bill and commitment to GDPR

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10/10/2017 by:

Information Commissioner, Elizabeth Denham, says that she welcomes the government’s intention to implement the GDPR but her general approach to derogations is to introduce them only when they are necessary for the effective functioning of the GDPR...

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Lords predict many amendments to draft Data Protection Bill

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11/10/2017 by:

The draft Data Protection Bill, which received its second reading in the House of Lords yesterday, will combine the EU General Data Protection Regulation and the so-called Police Directive into one legislative package, which makes the bill...

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The ICO retains its international outlook

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19/10/2017 by:

PL&B attended an IAPP event in London at Dentons on 17 October with Information Commissioner Elizabeth Denham, who made comments on several international issues. The ICO wants to stay involved with the EU Art. 29 Data Protection Working Party...

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PL&B joins a group to advise the House of Lords on the UK’s Data Protection Bill

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02/11/2017 by:

On 31 October, Stewart Dresner, PL&B’s Chief Executive, joined a small group of data protection law specialists to advise peers, led by Lord Tim Clement-Jones, on the Data Protection Bill. He is the peer leading the Upper Chamber in the Committee...

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Lords propose a data ethics code of practice

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21/11/2017 by:

Lord Stevenson of Balmacara (Labour) has proposed that within six months of passing the Data Protection Act, the Information Commissioner should prepare an ethics code of practice for data controllers. He suggested that in issuing the code, the...

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ICO issues more GDPR guidance and confirms that BCRs will continue

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23/11/2017 by:

The guidance, issued on 21 November, puts together information about guidance previously issued by the ICO, and links to guidance by the EU Article 29 Working Party. The ‘what’s new’ section will be updated monthly to highlight and link to what’s...

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Government proposes to amend the Investigatory Powers Act

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01/12/2017 by:

The government has launched a consultation on The Investigatory Powers Act 2016 (IPA) in light of the 2016 decision by the Court of Justice of the European Union. The CJEU said that the UK’s law was incompatible with EU law. The government accepte...

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UK public sector will be able to rely on legitimate interest ground in some circumstances

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19/12/2017 by:

The GDPR does not allow public authorities to use legitimate interests as a legal basis for processing personal data. However, an amendment to the Data Protection Bill, adopted by the House of Lords on 11 December, will diverge from the GDPR by...

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ICO issues draft GDPR guidance on children’s data

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21/12/2017 by:

The ICO has today issued draft guidance on the protection of children’s data under the GDPR. The new regime requires some changes as parental consent is required for the use of information society services unless they are about offering counsellin...

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