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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: Information Commissioner’s Office

Posted in International/EU Privacy

UK Parliament Passes New Digital Economy Act

The Digital Economy Bill passed into UK law last Thursday 27 April 2017 amidst the flurry of activity known as the ‘wash up’ period before the dissolution of Parliament and ahead of the early general election in the UK to be held on 8 June. The Digital Economy Act introduces measures to “modernise the UK for enterprise,” and includes plans for public sector data sharing, direct marketing and age verification for online pornography, amongst other measures. An overview of these measures is set forth in this post.

Posted in International/EU Privacy

When Did You Last See Your Filing Cabinets? UK ICO Fine for Discarded Data Shows Accountability in Action

If you care enough about privacy issues to be a regular reader of this blog, you probably know that one of the Big Changes under GDPR will be the introduction of “accountability” as a legal obligation, i.e. it will now be a requirement that a data controller is able to demonstrate its compliance with the principles relating to processing of personal data set out in Article 5 of the GDPR. You may even have started thinking about what this means for your organisation: how are you going to get your development teams to adopt privacy by design and default? What are you doing about data minimisation? Do you apply appropriate levels of encryption to your personal data? In our ever-more digitally driven world, it’s easy to get caught up in the sophisticated stuff, but a recent UK ICO decision reminds us that accountability is about the simple stuff as well. Which brings us to filing cabinets.

Posted in International/EU Privacy

UK ICO Publishes Guidance on Consent Under GDPR

The UK Information Commissioner’s Office has just published draft guidance on consent under GDPR. This is an interesting move given that the Article 29 Working Party has promised guidance on the same topic later this year, but reading the guidance makes it clear why the ICO decided to prioritise it: many of the practices which it identifies as unacceptable are fairly common in the UK, meaning many companies are going to have to re-think their approach to legitimising their data processing.

Posted in International/EU Privacy

ICO Turns Spotlight on Data Broker Industry

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.

Posted in Consumer Privacy, International/EU Privacy

ICO Provides Further Guidance on Encryption

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.