Tag Archives: Investigatory Powers Bill

Recently Datonomy attended the second of two conferences held by Exeter University addressing the UK's place in the Digital Single Market. The day, hosted at Portcullis House, focused on data protection and privacy policy with viewpoints provided by both practitioners and stakeholders. Of particular relevance to Datonomy readers were the panels' opinions on the ePrivacy Directive review, the GDPR, and the new Investigatory Powers Act (recently explored by Datonomy here). Draft ePrivacy Regulation on the horizon Perhaps the headline news from the day was the strong support for the review of the ePrivacy Directive to result in the implementation of a new ePrivacy Regulation (therefore directly effective). It was argued the Regulation should extend the scope of the current ePrivacy Directive to cover new tech including, for example, OTT Providers, publically used private networks and the Internet of Things. According to the European Commission the draft proposal … Continue Reading ››
What's new? After more than 12 months of debate, the Investigatory Powers Bill (dubbed by the media, like all interception legislation, as the 'Snooper's Charter') passed through its final stages in the House of Lords on 16 November, granting the government surveillance powers described by US whistle-blower Edward Snowden as "the most extreme … in the history of western democracy.” The Bill is designed to future proof law enforcement powers in the face of ever-evolving forms of digital communication. It covers the following:
  • General privacy protections
  • Lawful interception of communications
  • Authorisations for obtaining communications data
  • Retention of communications data
  • Equipment interference
  • Bulk warrants
  • Bulk personal dataset warrants
  • Oversight arrangements
Background Upon receiving Royal Assent, the date of which is still unclear, the Bill will mark a major overhaul of the UK's regimes on communications data retention and law enforcement access rules. As Datonomy readers will be familiar, the new legislation has been under discussion for many years under successive governments … Continue Reading ››
The new Prime Minister won't have welcomed the publication yesterday of the European Court of Justice (ECJ) advocate general's legal opinion since it has potentially worrying implications for her Investigatory Powers Bill (dubbed by the media as the 'Snooper's Charter') and UK data transfers in a post-Brexit era. In a case initiated by a member of her own cabinet  (David Davis, now minister for Brexit resulting in him dropping his name from the action at the beginning of this week), Labour MP Tom Watson and others, the matter concerned the data retention obligations placed on electronic communications services under the Data Retention and Investigatory Powers Act (DRIPA). The ECJ case linked these proceedings with a Swedish case on a similar point. First it is worth noting that the Advocate General's opinion is not legally binding and is only a recommendation. However it is often followed by the ECJ and his comments … Continue Reading ››
The latest round up of regulatory news from the Datonomy blogging team at Olswang LLP. Reports and statistics  The Ponemon institute has published its 10th annual benchmarking study into the Cost of Data Breach for the US. Headline statistics, which drew on a sample of 62 US companies in 16 sectors, include the following:
  • $6.5m is the average total cost of data breach
  • 11% increase in total cost compared to last year
  • $217 is the average cost per lost or stolen record (up 8%)
  • Malicious or criminal attacks continue to be the primary cause of breach, and these were also the most costly breaches.
Olswang will provide further coverage of the latest Ponemon findings in its Q2 Cyber Quarterly . UK policy and regulatory developments
  • CERT-UK: CERT’s latest weekly update is available here and highlights the risk from phishing attacks launched by means other than email (e.g. text and instant messaging apps) along with … Continue Reading ››