Author: info@amberhawk.com

Schrems II takeaways: Accountability IN: Privacy Shield OUT; UK’s adequacy determination AT RISK

These are my six takeaways from the Schrems II decision published yesterday.  They are Privacy Shield died because EU data subjects are disadvantaged by the USA’s approach to privacy. The Standard Contractual Clauses (SCCs) produced the European Commission are OK to use in general, but (and a “big butt” at that)….: SCCs might not be OK for the USA in the long term (watch for ICO and EDPB advice) as they are likely to be afflicted by the same problems

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COVID-19: how the GDPR applies to trace and track.

I thought I would do a blog on how the current GDPR applies to the tracing of people via the APP being promoted by NHSX.  There is a dearth of data protection detail  (NHSX has yet to publish a DPIA),  and I think this could be useful contribution to the public debate (especially as Ministers are promoting the APP heavily). Note: the DPIA for the Isle of Wight was published on May 8 (see references for a link). So please

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Post COVID-19; what the Trump administration is thinking?

I have just arrived back home from an essential tube journey on the Northern line to the newly opened station at Nine Elms.  On the seat opposite me, I found one page of minutes which looks like a record of a meeting in the American Embassy discussing the post-COVID19 environment and what passengers to the USA can expect on arrival after Easter (when President Trump hopes the pandemic in the USA will be over). The minutes identify two types of

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Does Google’s decision to process UK citizens personal data in the USA reduce UK citizens’ data protection rights?

Yesterday, Reuters (followed by the Guardian and Social Media) reported that next month, Google are moving personal data about its UK users to a Google company in Delaware in order to reduce the protection for UK data subjects.  There are similar moves intended for Google’s related services such as YouTube, YouTube Paid Services and Google Play. This blog goes into this assertion which I don’t think is wholly correct; in summary the provisions of the GDPR do apply but there

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Adequacy of the UK’s data protection regime; now the UK has left the EU, the battle lines are drawn

In his speech in Greenwich on Monday, Boris Johnson, signalled that he is prepared, if needed, for the UK to depart from GDPR norms of data protection.  About an hour earlier, the European Union published a document which stated that any such departure would likely put the kibosh on any adequacy determination for the UK and stall co-operation (e.g. data sharing) in the field of law enforcement. In this Blog I provide quotes from the documents and speech so readers

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Chuck the DPA2018 and GDPR away; say hello to the UK_GDPR and a revised DPA2018 in February next year

Given that the Conservatives are forming a majority Government for the next five years, it is clear that the UK will leave the European Union and implement an expected New Withdrawal Agreement by January 31st in 2020.  This means Exit Day is January 31st 2020, and the “Data Protection, Privacy and Electronic Communications (EU Exit) Regulations” SI 419/ 2019 will come into effect.  Note added in Feb 2020: when I wrote the blog, there was no finalised New Withdrawal Agreement

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Human rights, data protection and what’s in the political manifestos

This is my review of the relevant part of the Conservative, Labour and Liberal Democrat Manifestos as they relate to data protection and human rights.  I present a series of quotes from each Manifesto so that readers can quickly see what has been promised by the three main Parties before drawing a few summary conclusions.  The Manifestos are all available online. Conservative Manifesto Strengthening the position of the Executive branch of Government: “After Brexit we also need to look at

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Using GDPR rights to stop misleading political advertising

I have to admit I was depressed at the “doctoring” of the interview between the presenters of Good Morning Britain and Sir Keir Starmer MP by the Conservative Party in the first week of November. In a general election, voters need information not disinformation. For those not familiar with what I am talking about, an edited recording of an interview with the Labour politician was used in a political advert.  However, a long pause was edited into the recording just

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Data subjects can use their rights to stop political advertising (in theory)

Yesterday’s announcement that Twitter is suspending targeted political advertising from next month (and Facebook’s decision today not to follow suit) has received front page coverage in the media. However, no-one has mentioned the fact that the GDPR/Data Protection Act 2018 (DPA2018) provides each data subject with the ability to stop such advertising.  This blog explains how (in theory) data subjects can stop receiving targeted political adverts (especially those that are likely to be “Brexit bus” misleading). Personal data that reveals political

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Major risks to data protection standards arise from the New Withdrawal Agreement, Political Declaration and the forthcoming General Election

Last week’s Queen’s Speech has been regarded as the Conservative Government’s shop-window of measures for its forthcoming General Election campaign; last Saturday’s vote on the New Withdrawal Agreement relates to what happens to Brexit in the meantime. This blog assumes the risk of hard Brexit is diminished until December 2020 and that the UK leaves the EU;  it covers the relevance of these two events to data protection and concludes: Item 1: GDPR standards maintained. If there is eventual Parliamentary

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