Category: News

The current A level results debacle has raised two data protection questions.  Namely whether the right not to be subject to automated decision (A.22 of GDPR) applies and whether the exemption for exam results (Schedule 2 paragraph 25 of the DPA2018) is fit for purpose? The answer to both questions, in my view,  is “NO”. Despite yesterday’s Government U-turn, this blog shows that the two questions above are inter-related; for example, transparency of the processing of personal data associated with respect to

I am going to enter the fray about the data protection events surrounding the EU Referendum and the delayed Parliamentary report into Russian interference; it is only now the full story can be told. This story contains a few incredible chapters: (a) the breaches of the law with respect to the-use of personal data during the Referendum campaign; (b) non-cooperation by leading actors with Parliamentary Committees and investigations, (c) deliberate obstruction (at best) and lying (at worst) and (d) the

This week has seen quite a lot of commentary concerning Standard Contract Terms (SCCs) and the possible need to augment them with additional safeguards when transferring personal data to a Third Country. The problem has arisen because the Schrems II judgement (see references) viewed the SCCs as providing a baseline of Data Protection safeguards.  It suggested that the controller and processor should implement further safeguards if required,  and if the additional safeguards (if required) could not be implemented, then the

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

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

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

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

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

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