The Article 29 Working Party ("WP29") has recently adopted new General Data Protection Regulation ("GDPR") Guidance, this time focusing on Data Protection Impact Assessments ("DPIAs"). The Guidelines aim to clarify when a DPIA is required and provide criteria for the lists of the kind of processing operations which are subject to the requirement for a DPIA, to be adopted by Data Protection Authorities under Article 35(4) of the GDPR. Although the guidance has been formally “adopted”, the WP29 is welcoming comments from stakeholders until 23 May 2017, so it is possible that elements may be modified in the near future. The guidance is significant as it represents EU data protection authorities’ collective interpretation of this important new compliance requirement. Any comments on the guidelines can be sent to the following addresses: JUST-ARTICLE29WP-SEC@ec.europa.eu and presidenceg29@cnil.fr by 23 May 2017. What is a Data Protection Impact Assessment? DPIAs are not a formal requirement … Continue Reading ››
The current data protection landscape in Indonesia Until recently, Indonesia has had a largely patchwork approach to personal data protection. There is not currently a singular comprehensive data protection law or regulation; nor, for example, are there any regulations specifically addressing cookies and location data. Overall, the scattered guidance is found in regulations relating to employees; banks; criminal procedures; human rights; health; financial services; and the more detailed Electronic Information and Transactions Law (Law No. 11 of 2008) ("EIT Law") and its implementing regulations, among others. In 2012, Indonesia passed Government Regulation 82 ("GR82"), implementing various aspects of the EIT Law but with a key focus on ensuring that electronic system operators for "public services" use Indonesia-based data-centres. The scope of "public services" is still somewhat unclear but it has the potential to cover both government organisations and certain public-facing private sector businesses (which may include certain organisations in banking, insurance, health, … Continue Reading ››
Impact of Brexit on data protection: EU Home Affairs Sub-Committee hears evidence The EU Home Affairs Sub-Committee continues to hear evidence from various experts on the implications of Brexit on the "EU data protection package". Particularly notable are the comments of Elizabeth Denham, the UK's Information Commissioner, regarding her hopes for the UK post-Brexit. Unsurprisingly for Denham and perhaps reassuringly for business, "the right way forward… is to fully adopt the general data protection regulation". However should the UK do so, questions persist as to the ICO's role, particularly in relation to its standing with the European Data Protection Board (EDPB). Denham was keen to emphasise that the Government should do anything it can to ensure the ICO has "some status" on the EDPB. Should it not, the UK will be at the mercy of the Board's decisions, but be without influence over its policy. Lord O'Neil of Clackmannan, a Labour peer, was … Continue Reading ››
This week, the ICO published the latest version of its paper on big data, AI and machine learning. Though not an official GDPR guidance document or code of practice, the paper sets out the ICO's views on the issues and has been updated to show how big data, AI, machine learning relate to the GDPR (however not the new draft PEC Regulation). Of note to Datonomy readers are the six key recommendations the Paper gives to help organisations achieve data protection compliance in a "big data world". The ICO states that organisations should…
  1. Carefully consider whether the big data analytics to be undertaken actually requires the processing of personal data. Often, this will not be the case; in such circumstances organisations should use appropriate techniques to anonymise the personal data in their dataset(s) before analysis.
  2. Be transparent about their processing of personal data by using a combination of innovative approaches in order … Continue Reading ››
Yesterday the ICO published its much anticipated guidance on consent under the GDPR for public consultation. This is a key practical area of compliance for all businesses. The new test for consent under the GDPR is higher than under the current rules and the penalties for failing to obtain valid consent potentially much harsher; organisations will need to review their data collection notices and opt ins and potentially make changes to websites and apps to ensure they are compliant by May 2018. The guidance sits alongside the ICO's Overview of the GDPR and explains its recommended approach to compliance and what counts as valid consent. On the tricky issue of verifiable parental consent to children's use of social media, the ICO has promised further guidance at a later date. The consultation will run from now until 31 March 2017, and any comments on the guidelines should be sent … Continue Reading ››
As Max Schrems continues to do battle over Model Clauses in the Irish High Court, the Article 29 Working Party (WP29) has this week issued guidance surrounding EU-US Privacy Shield (Privacy Shield) related complaints. The guidance will be of note to any EU citizen wishing to complain about the handling of their personal data that has been transferred from the EU to one of the, as of 24 February, 1724 Privacy Shield registered organisations. It encompasses a template complaint form and Rules of Procedure and should provide parties concerned with all the information necessary to notify a breach under the 6 month old framework. The Rules of Procedure provide guidance on how an "Informal Panel of EU DPAs" (Panel) will operate in advising US organisations following a complaint. The Panel will aim to provide guidance within 60 days after receiving a complaint form. The complaint … Continue Reading ››
With the GDPR on the horizon, the EU is now overhauling and expanding the reach of the more specific privacy rules which relate to direct marketing, cookies and other forms of online monitoring. The ability of social media and messaging services to track users is one of many areas touched on in the European Commission's newly proposed ePrivacy Regulation, which was officially unveiled last week. We highlight some key impacts for the tech and media sectors, provided the proposed draft passes through the legislative process without dramatic changes. Businesses should incorporate these new requirements into their GDPR readiness planning. Why are the rules being updated?
  • The regime for electronic communications, based on the EU's Privacy and E-communications Directive (PECD), which dates back to 2002, is being overhauled as part of the Commission's Digital Single Market package.
  • Since the last review of the PECD in 2009, a new … Continue Reading ››