News stories posted during 2018

UK PM confident of maintaining data protection standards post-Brexit

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02/03/2018 by:

This afternoon, Theresa May, Prime Minister, spoke about data protection law as part of her major policy speech in London on all aspects of Brexit. She said “the free flow of data is also critical for both sides in any modern trading relationship...

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Prime Minister stresses the importance of data protection

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19/02/2018 by:

The government is ready to start talking through data protection arrangements with the EU for when the UK is no longer in the European Union. In a speech delivered at a security conference on 17 February, Prime Minister Theresa May said that we mu...

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New ICO notification fees up to £2,900

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21/02/2018 by:

The government has published the format for new notification fees to fund the ICO’s work from 25 May onwards when the GDPR enters into force. The new structure was laid before Parliament on 20 February as a Statutory Instrument. Until 25 May,...

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Buttarelli gives the post-Brexit options for the UK and insights into the EU DP Board

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23/02/2018 by:

Giovanni Buttarelli, European Data Protection Supervisor, in London yesterday, explained that Elizabeth Denham, UK Information Commissioner, has been working hard to explore different scenarios to ensure that the UK will continue working as a...

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Denham: Consent needed for electronic marketing

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27/02/2018 by:

Speaking at the Direct Marketing Association’s (DMA) conference on 23 February, Information Commissioner, Elizabeth Denham, said that whilst the details of the new EU e-privacy regulation are still being debated, the current draft proposes opt-in ...

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ICO will take proportionate approach to GDPR fines

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26/01/2018 by:

The ICO is not planning to issue fines in every circumstance when it detects a breach of the GDPR (or implementing legislation), ICO’s Steve Eckersley said at the CDPD conference in Brussels. Eckersley stated that the ICO will also have other...

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UK is a 3rd country for data transfers from 30 March 2019

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10/01/2018 by:

In a notice issued yesterday, the EU Commission makes clear that ‘in view of the considerable uncertainties, in particular concerning the content of a possible withdrawal agreement, all stakeholders processing personal data are reminded of legal...

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Labour calls for privacy to be included as a fundamental right in DP Bill

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06/03/2018 by:

At the Data Protection Bill's second reading at the House of Commons yesterday evening, the Opposition demanded that the Data Protection Bill is amended so that it explicitly recognises privacy an an unqualified fundamental right as per Article 8 ...

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Government tables new amendments to Data Protection Bill

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08/03/2018 by:

The government has tabled several amendments to the Data Protection Bill which received its second reading at the House of Commons on 5 March ( see our report ). Clause 154 has been amended so that the Information Commissioner may also consider...

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DP Bill amendments on data processing for safeguarding purposes

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14/03/2018 by:

The House of Commons Public Bill Committee yesterday adopted government amendments that introduce new measures for processing personal data for safeguarding purposes. Victoria Atkins MP, Parliamentary Under-Secretary of State, the Home Department...

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ICO’s Denham wants a lower threshold for search warrants

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18/04/2018 by:

Speaking in London today, Information Commissioner Elizabeth Denham said that she is in discussions with the government to secure a stronger audit power in the UK Data Protection Bill than currently planned. Speaking about the Facebook / Cambridge...

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ICO launches consultation on stronger regulatory action and continues with its micro-targeting investigation

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04/05/2018 by:

The Information Commissioner today launched a consultation on stronger powers which are written into the Data Protection Bill currently going through Parliament. The Report stage in the House of Commons has been scheduled for 9th May. Proposed new...

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House of Commons passes Data Protection Bill with amendments

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10/05/2018 by:

The Data Protection Bill went through the Report stage and third reading in the House of Commons yesterday. What will come next is the so called ‘Ping Pong’ between the Houses before the Bill is adopted. The government’s exemption for immigration...

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UK Data Protection Act receives Royal Assent and enters into force tomorrow

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24/05/2018 by:

The UK Data Protection Bill received Royal Assent on 23 May and its main provisions will commence on 25 May 2018. The UK Act is not limited to GDPR provisions but also covers national security issues and transposes the EU Law Enforcement Directive...

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Michel Barnier says no to the UK taking part in the EDPB’s One Stop Shop

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29/05/2018 by:

The EU’s chief Brexit negotiator, Michel Barnier, has said that the UK ICO cannot remain in the European Data Protection Board, EDPB, after Brexit. Barnier also said that the UK would not be able to participate in the One Stop Shop. He said: “Brex...

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Government consults on making directors liable for nuisance calls

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13/06/2018 by:

The government has launched a consultation on proposals to amend the Privacy and Electronic Communications Regulations  to make directors liable for nuisance calls. Maximum fines would be up to £500,000, and if a firm has multiple directors, each...

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UK government makes a case for a legally binding data protection agreement with EU

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15/06/2018 by:

In a recently issued technical note, the UK government argues that a legally binding agreement would be more beneficial both for the UK and the EU than an adequacy decision. After Brexit, the UK will be regarded as a third country and will need to...

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Jay Fedorak appointed as Jersey’s new Information Commissioner

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15/06/2018 by:

Jersey has today announced that Dr Jay Fedorak has been appointed as Information Commissioner starting in his new role on 2 July. He will be responsible for regulating both Jersey’s data protection and freedom of information laws and representing...

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ICO sets priorities for regulatory action

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21/06/2018 by:

In its draft Regulatory Action Policy, the ICO promises to continue its existing enforcement style based on education and encouraging compliance rather than being an overly strict enforcer. It says that it aims to ‘be effective, proportionate,...

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MPs: UK should start adequacy talks as soon as possible

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05/07/2018 by:

The Exiting the European Union parliamentary committee states that the UK should start adequacy talks with the EU as soon as possible. The Committee says that the chances of an adequacy decision, and a close involvement in how data protection laws...

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ICO plans to sanction Facebook with maximum £500,000 fine under 1998 DP Act

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11/07/2018 by:

On issuing an interim report on its investigation into the use of data analytics in political campaigns, the ICO plans to fine Facebook £500,000 for two breaches of the Data Protection Act 1998. Facebook now has a chance to respond to the...

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ICO receives record number of breach notifications

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20/07/2018 by:

The number of self-reported data breaches has increased by 29% from 2,447 last year to 3,156 this year. Under the GDPR, organisations are obliged to report serious data breaches to the ICO. In June, after the GDPR had entered into force, the ICO...

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First UK collective action cases in the pipeline

20/08/2018 by:

Based on the GDPR’s Article 80 on individuals’ right of redress via collective (class) action, a group of UK residents whose Facebook data was harvested by Cambridge Analytica, is now threatening to sue for damages. Represented by law firm ITN...

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Isle of Man modernises law to follow GDPR

23/08/2018 by:

The Isle of Man had adopted a short Data Protection Act 2018 which gives specific powers to introduce EU data protection provisions as part of Manx law. The provisions have now been implemented with The GDPR and LED (Law Enforcement Directive)...

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ICO seeks views on updating data sharing code

05/09/2018 by:

The ICO is in the process of revising its 2011 Data Sharing Code of Practice, and is accepting contributions until 10 September. The call for views is the first part of the work and a revised code is expected by the end of 2018. The ICO says that...

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Law firms start collective action against BA

11/09/2018 by:

Law firm SPG Law has started the process of gathering names for a group action in the recent British Airways security breach that compromised more than 380,000 customers sensitive personal data. The data that was hacked included names, debit/credi...

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Equifax fined maximum amount under DP Act 1998 for security breach

21/09/2018 by:

The ICO has issued Equifax Ltd with a £500,000 fine for failing to protect the personal information of up to 15 million UK citizens during a cyber attack in 2017. Information Commissioner Elizabeth Denham said: “Multinational data companies like...

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ICO takes action for failure to pay new data protection fee

09/10/2018 by:

The ICO has begun formal enforcement action against 34 organisations that have failed to pay the new data protection fee. The news fee regime under the 2018 Data Protection Act introduced three different tiers depending on the size and turnover of...

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ICO to help business with innovation and Privacy by Design

15/10/2018 by:

The ICO is keen to provide data privacy expertise to other UK regulators to ensure rules and regulations keep pace with future technologies, and has been awarded a grant of £537,000 by the Department of Business, Energy and Industrial Strategy. Th...

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ICO confirms Facebook’s £500,000 fine and is to give evidence in Parliament on political influencing

26/10/2018 by:

The Information Commissioner’s Office (ICO) has fined Facebook £500,000 for serious breaches of data protection law in the context of its wide-ranging investigation into the use of data analytics for political purposes. The company’s representatio...

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ICO plans to fine Eldon Insurance and Leave.EU for breach of marketing regulations

06/11/2018 by:

The ICO has today issued its notice of intent to fine Eldon Insurance (trading as Go Skippy) £60,000 for contraventions of the Privacy and Electronic Communications Regulations 2003 (PECR), and £75,000 on Leave.EU also for PECR breaches. The ICO...

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ICO prosecution results in a first-ever prison sentence

13/11/2018 by:

In a prosecution under the Computer Misuse Act, a motor industry employee who had unlawfully accessed thousands of customer records has been sentenced to six months in prison.  Mustafa Kasim, who worked for accident repair firm Nationwide Accident...

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UK government adopts draft Brexit withdrawal agreement

15/11/2018 by:

Last night, the cabinet agreed a draft withdrawal agreement on the UK’s exit from, and future relationship with the European Union. In terms of data protection, the documents reaffirms the UK government’s commitment to a high level of data...

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DP law takes leading position in Political Declaration on future EU/UK relationship

23/11/2018 by:

Data protection law has a very prominent position in the Political Declaration setting out the future relationship between the EU and the UK in the first section covering the basis for cooperation. The data protection section is immediately after...

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ICO advises companies on how to prepare for a possible no-deal Brexit

13/12/2018 by:

The ICO recommends steps that companies could take now to start preparing for data protection compliance if the UK leaves the EU on 29 March 2019 without a deal. The government has already made clear its intention to permit data to flow from the U...

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