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…
- 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.
- 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 ››
Yesterday, 10 January, the European Commission (EC) presented its formal proposals for the new ePrivacy Regulation
. On initial analysis, the first official draft
of the Regulation appears broadly similar to last month's leaked version, explored by Datonomy here
Datonomy will be providing a fuller analysis, however in the meantime the EC's Fact Sheet
provides a useful starting point. The Commission's aim is to have the new Regulation adopted by 25 May 2018 when the GDPR takes effect.
Olswang's Head of Digital and Data, Elle Todd
, and Alex Dixie
, the firm's Head of Adtech, will be taking a first look at the practical impacts of the new proposals in a webinar at 15:00 UK time on Thursday 19 January. Follow this link
to register. In particular the webinar will examine:
Just before the festive break, the Article 29 Working Party
"), the group representing national data protection regulators in the EU, issued new guidance
on several key aspects of the new General Data Protection Regulation ("GDPR
"). This is the first guidance of its kind issued by the WP29, and as such represents the first time the data protection authorities have revealed their thoughts on the interpretation of the GDPR.
The guidance consists of three separate sets of guidelines and FAQs:
- an explanation of the role of the now mandatory Data Protection Officer ("DPO");
- a guide to the new right to data portability; and
- guidance regarding the "one stop shop" mechanism for establishing the lead data protection authority in cases of cross-border data processing.
Although the guidance has been formally "adopted", the WP29 is welcoming comments from stakeholders until the end of January 2017, so it is possible that elements may be … Continue Reading ››
‘If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself'.
James Madison, 1788 (highlighted in the AG's opinion)
Enabling a government to control the governed, whilst obliging it to control itself, is the dilemma with which the European Court of Justice (ECJ) has been faced in its preliminary ruling
on the appeal decisions of Tele2
. In today's ruling against the UK Government, the ECJ has clarified that national governments need to respect EU standards on data retention in their domestic legislation. The ruling is a potentially embarrassing setback for Theresa May, as … Continue Reading ››