Data brokers are organisations that obtain data from a variety of sources and then sell or license it to third parties. Many trade in personal data, which is purchased by their customers for several purposes, most commonly to support marketing campaigns. The UK data protection regulator has for some time been actively enforcing against organisations who buy individuals’ personal data for direct marketing purposes without first conducting appropriate due diligence to ensure that those individuals have adequately consented to receiving marketing communications. However, in a recently issued monetary penalty notice, the ICO indicated that it may be shifting its enforcement strategy. This post discusses the latest developments.
The UK Information Commissioner’s Office (the “ICO”) recently published further guidance on encryption on its blog. The ICO has taken the position for some time that if a business holds sensitive personal information on portable or mobile devices, it should protect that information using appropriate encryption software. If that does not occur and such information is compromised, the ICO has stated that it may pursue regulatory action. The guidance does not modify the ICO’s position on encryption, but it does explain in layman’s terms what the ICO means by encryption and the different types of encryption that are available, so non-technical data protection officers may find it a helpful introduction to this topic.