#privacy-by-design framework for the collection and
processing of behavioural #data -an #OASIS COEL TC deliverable http://bit.ly/2Hck3W9
The url:
https://twitter.com/datachainrisk/status/971197667660492800
February 24, 2018 – 3:19 pm
Latest (final?) revised ‘Guidelines on Personal data breach notification under Regulation 2016/679 (wp250rev.01) available here
February 4, 2018 – 7:59 pm
This is an amendment of my blog done last Sunday (4th Feb 2018).
The latest UK Data Protection Bill – HL Bill 153 (The Bill) is published here and the Explanatory Notes published here.
It’s going to take more of my free Sunday afternoons to plough through the Bill, the Explanatory Notes and also this Keeling Schedule (GDPR effected by the Bill!).
February 4, 2018 – 7:39 pm
Just catching up on my tweets and found an interesting post curated by “The Data Chain” an online paper (setup by me).
This interesting post: “Data protection in the Court of Appeal & the right to be forgotten” – not #GDPR-related – but will be significant post-GDPR era (from 25th May 2018 onwards).
The appeal cases extracted from the post are:
- DB v General Medical Council (application of mixed data provisions in s. 7 DPA) – due to be heard in March 2018,
- TLT v Home Office (accidental online disclosure of information relating to asylum seekers) – due to be heard in April 2018 – (note, the appeal does not address the quantum of the awards made in that case but instead focuses on the question of whether compensation ought in principle to have been awarded to individuals who were not referred to by name in the disclosed spreadsheet but who were nonetheless affected by the disclosure);
- Stunt v Associated Newspapers (challenge to the stay mechanism under s. 32 DPA) – due to be heard in June 2018 and, last but most certainly not least,
- Various Claimants v WM Morrison Supermarket PLC (group litigation data breach case) – due to be heard by the Court of Appeal before the end of 2018.
October 6, 2017 – 12:48 pm
The published Bill- 218 pages.
Will review the Bill soon…
September 28, 2017 – 8:20 pm
What is ‘high risk’ in the context of data breach reporting or notification under the GDPR?
According to the ICO’s website on breach notification:
When do individuals have to be notified?
Where a breach is likely to result in a high risk to the rights and freedoms of individuals, you must notify those concerned directly.
A ‘high risk’ means the threshold for notifying individuals is higher than for notifying the relevant supervisory authority.
However, note the ‘fact’ for ‘myth #5′ on the breach reporting blog:
And organisations need to remember that if there’s the likelihood of a high risk to people’s rights and freedoms, they will also need to report the breach to the individuals who have been affected.
So, in essence, organisations will need to assess the ‘no risk, risk and high risk’ to people’s rights and freedoms. This assumes or requires organisations to somehow get to grips with what constitutes ‘people’s rights and freedoms’. Rights and freedoms (privacy?) are not easy to identify..
The ICO acknowledges this by stating in their blog:
Pan-European guidelines will assist organisations in determining thresholds for reporting, but the best approach will be to start examining the types of incidents your organisation faces and develop a sense of what constitutes a serious incident in the context of your data and your own customers.
September 14, 2017 – 4:46 pm
The Data Protection Bill (HL Bill 66) was introduced into the House of Lords on 13 September 2017.
The published Bill.
The press release from the Department for Digital, Culture, Media & Sport.
The Bill implements the EU General Data Protection Regulation (GDPR) and will replace the Data Protection Act 1998.
September 2, 2017 – 4:49 pm
Here’s the 4th myths from the ICO.
Myth #4
GDPR is an unnecessary burden on organisations.
Fact
The new regime is an evolution in data protection, not a revolution.
Read the ICO blog on GDPR is an evolution in data protection, not a burdensome revolution
September 2, 2017 – 4:36 pm
2nd and 3rd busting myths from the ICO
Myth #2
You must have consent if you want to process personal data.
Fact:
The GDPR is raising the bar to a higher standard for consent.
Myth #3
I can’t start planning for new consent rules until the ICO’s formal guidance is published.
Fact:
I know many people are waiting for us to publish our final guidance on consent. Businesses want certainty and assurance of harmonised rules. Waiting until Europe-wide consent guidelines have been agreed before we publish our final guidance is key to ensuring consistency. The current timetable is December.
The ICO’s blog on consent is not the silver bullet for GDPR compliance
August 11, 2017 – 11:18 am
Keeping up with ICO’s activities over the coming weeks, months & years!