The ICO recently announced “subtle but significant” changes in its approach to data protection complaints about businesses made by the public. Consumer facing brands will want to stay on the right side of the law anyway – what will the changes mean in practice, and when does a business run the risk of enforcement action?  The ICO has launched a Consultation entitled ‘our new approach to data protection concerns’, running from 18 December 2013 to 31 January 2014, seeking to collect the views of ICO regulated organisations. The proposed changes are planned to take effect from 1 April 2014.  Why is the ICO’s approach changing? The ICO received 40,000 written enquiries or complaints, and 214,000 phone calls in 2012/13 from members of the public. In only 35% of these instances, had data protection legislation actually been breached. The ICO is therefore encouraging individuals to address their concerns to the organisation complained … Continue Reading ››
The EU’s ambitious plans for a radicalisation of data protection laws have suffered a serious set-back. EU justice commissioner Viviane Reding finally conceded in a speech at a meeting of EU justice and home affairs ministers in Athens last week that the draft General Data Protection Regulation will not be agreed during the current term of the EU Parliament. The most recent delay has been caused by the EU Council of Ministers failing to reach agreement before starting negotiations with the EU Parliament and the Commission, with several Member States demanding significant changes to the proposals. New timetables have been proposed and optimistic statements made that there will still be a new data law by the end of this year.  However, the reality is that any prediction about the substance or process to agree the draft Regulation post this May’s parliamentary election season is guesswork at best.   Fundamental differences remain among Member … Continue Reading ››
As Datonomy reported (see below), Google has been fined by French and Spanish data protection authorities following almost two years of toing and froing with European data protection regulators over its consolidated privacy policy.  The tiny fines and are unlikely to change Google’s privacy practices. However, Google now has a larger headache to deal with following the judgment of Mr Justice Tugendhat in the English High Court, handed down yesterday (Judith Vidal-Hall and Others v Google Inc in the Queen’s Bench Division, Case number: HQ13X03128).  The claimants, represented by Olswang the lawfirm behind Datonomy, are a group of users of Apple's Safari internet browser.   The Safari users group claim that Google Inc illegally tracked and gathered information about their browsing activities by implementing a workaround to the default Safari browser block on third party cookies.  Under the Civil Procedure Rules (the procedural rules for parties to civil litigation in the English courts), the claimants needed the … Continue Reading ››

 

Almost two years have passed since Google introduced controversial changes to its privacy policy in March 2012, by merging more than 60 separate policies for Google’s numerous services into a single privacy policy.  Since then European data protection regulators, initially through the Article 29 Working Party and more recently through a task force of data protection authorities from six Member States including the UK, France, Germany, Italy, Spain and the Netherlands, have demanded that Google takes steps to bring its new policy into line with European data protection laws.  There has been much rattling of regulatory sabers and for the most part nonchalant shrugs from the Mountain View based tech giant, which has responded to the coordinated regulatory offensive by saying that its new policy “respects European law and allows us to create simpler, more effective services.”   The Spanish and French data protection watchdogs have now taken matters … Continue Reading ››
With privacy and security concerns about apps regularly in the headlines, developers and brands commissioning mobile apps should factor in the important new guidance issued recently by the ICO. The guidance and practical illustrations are also relevant to other online platforms e.g. smart TVs and games consoles. The Information Commissioner’s Office (ICO) has recently released guidelines for app developers to help them ensure apps comply with data protection laws. The guidance was released in the run-up to Christmas – when app sales soar (the ICO cites the statistic of 328 million apps downloaded in the UK on Christmas Day 2012). The guidance is timely, with privacy a worldwide concern: in the US, the  SpongeBob Squarepants app and Jay-Z’s Magna Carta app are two recent examples which have attracted adverse attention over alleged  lack of  privacy compliance, while in the UK security vulnerabilities in the SnapChat app … Continue Reading ››