On December 13, 2018, the Information Commissioner’s Office (“ICO”) in the United Kingdom issued guidance on the state of UK data protection law should the country leave the European Union (“EU”) without having reached an agreement on the terms of its withdrawal. Much of this latest guidance is consistent with the ICO’s earlier guidance on … Continue Reading
Earlier this year, in the run-up to the General Data Protection Regulation’s (“GDPR”) May 25, 2018 date of application, a major question for stakeholders was how zealously the GDPR would be enforced. Now, as the GDPR approaches its six-month birthday, an answer to that question is rapidly emerging. Enforcement appears to be ramping up significantly. … Continue Reading
Designing data-driven products and services in compliance with privacy requirements can be a challenging process. Technological innovation enables novel uses of personal data, and companies designing new data-driven products must navigate new, untested, and sometimes unclear requirements of privacy laws, including the General Data Protection Regulation (GDPR). These challenges are often particularly acute for companies … Continue Reading
The much discussed and long-awaited General Data Protection Regulation (“GDPR”) applies from today, May 25, 2018. It will update and harmonize data protection laws across the EU, and sets out comprehensive rules in relation to personal data handling, as well as the rights of individuals over their personal data. It is unclear how aggressively the … Continue Reading
On 13 September, the Information Commissioner’s Office (ICO) published draft guidance on GDPR contracts and liabilities on contracts between controllers and processors under the GDPR (the “Guidance”). The ICO is consulting on the Guidance until 10 October. We summarize the key aspects of the Guidance below.… Continue Reading
Earlier this month, the UK Government published a consultation on plans to implement the EU Directive on security of network and information systems (the “NIS Directive”, otherwise known as the Cybersecurity Directive). The consultation includes a proposal to fine firms that fail to implement “appropriate and proportionate security measures” up to EUR 20 million or … Continue Reading
By Dan Cooper and Rosie Klement On April 2, 2017, the Information Commissioner’s Office (“ICO”) released a consultation paper for UK organizations to comment on how the new profiling provisions under the General Data Protection Regulation (“GDPR”) could be interpreted and applied when the GDPR comes into force in May 2018. The public consultation on … Continue Reading
By Dan Cooper and Rosie Klement On March 2, 2017, the Information Commissioner’s Office (“ICO”) released draft guidance for UK organizations on how the notion of consent will be interpreted and applied when the General Data Protection Regulation (“GDPR”) comes into force in May 2018. The ICO is currently engaging in a public consultation on … Continue Reading
On October 5, 2016, the UK Information Commissioner’s Office (“ICO”) fined telecoms company TalkTalk a record £400,000 for failing to put in place appropriate data security measures and allowing a cyber-attacker to access TalkTalk customer data “with ease.” The ICO highlighted several technical and organizational deficiencies as justification for issuing its largest fine to-date. Many … Continue Reading
By Phil Bradley-Schmieg and Gemma Nash On August 30, 2016, a major UK telecoms company (TalkTalk) lost its appeal against a fine imposed on it for failing to report a personal data breach to the UK national data protection authority (the Information Commissioner) within 24 hours of its receipt of a customer’s complaint. Commission Regulation … Continue Reading
On March 3, 2016, the UK’s Information Commissioner’s Office (“ICO”) released new guidance on encryption. The guidance aims to provide advice to organizations on protecting personal data (such as customer and employee data) through the use of encryption. There is no legally-binding requirement under UK data protection law to encrypt data, either when static or … Continue Reading
The UK’s data protection regulator, the Information Commissioner’s Office (“ICO”), has imposed a fine of £350,000 on Prodial Ltd (“Prodial”) for making over 46 million unsolicited automated telephone calls to generate leads in relation to payment protection insurance refunds. This is the highest fine issued by the ICO to date.… Continue Reading
Industry eagerly awaits further guidance from data protection authorities (“DPAs”) relating to the EU-U.S. Privacy Shield as well as on the validity (or otherwise) of other mechanisms for transfers to the U.S. such as standard contractual clauses (“SCCs”) and binding corporate rules (“BCRs”). As we explained in recent posts (here and here), publication of an … Continue Reading
The UK Information Commissioner’s Officer (“ICO”) has issued its largest fine to date in connection with using an automated calling system to make direct marketing calls. The ICO found that Home Energy & Lifestyle Management Ltd (“HELM”), a green energy company that made millions of automated marketing calls in relation to “free” solar panels, recklessly … Continue Reading
By Megan L. Rodgers What information is being collected by mobile apps and websites directed at kids? With whom is that information shared? What notice is provided to parents? Regulators in the U.S. and abroad continue to focus on these issues. The FTC recently released a follow-up report on privacy notices in mobile apps directed … Continue Reading
By Mark Young and Tom Jackson On February 20, 2015, the Information Commissioner’s Office (“ICO”) fined Staysure.co.uk Ltd (“Staysure”), an online travel insurer, £175,000 for failing to protect its customers’ personal data. In addition to technical vulnerabilities, the ICO took into account Staysure’s lack of security policies and practices when levying the fine. In short, … Continue Reading
By Fredericka Argent The UK’s Information Commissioner’s Office (ICO) has announced that it is looking to introduce a system of “privacy seals” for organizations doing business in the UK. The seal is intended to be a consumer-facing stamp of approval demonstrating that a particular organization is meeting or surpassing the compliance requirements of the UK’s Data Protection … Continue Reading
By Phil Bradley-Schmieg The UK Information Commissioner’s Office (ICO) has launched an informal survey of current practices relating to the use of data-enabled medical devices and apps. The short and anonymous survey explores whether organisations have put in place specific policies and procedures, asset registers, IT security requirements for medical device procurement policies, information governance … Continue Reading
On October 15, 2014, the UK Information Commissioner’s Office (ICO) published an updated code of practice for surveillance cameras. Among other topics, the ICO uses the Code to begin to address privacy practices for drones. Drones are not new, but two factors are now making questions about drones and privacy practices more pressing. First, many … Continue Reading
On January 8, 2014, the French data protection authority, the Commission nationale de l’informatique et des libertés (CNIL), announced that it was imposing a fine of €150,000 on Google, as well as a requirement that Google, within eight days of the decision, publicize the fine on its own website (at www.google.fr) for a period of … Continue Reading
By Helena Marttila-Bridge and Colin Warriner On 10 September 2013, the UK’s Information Commissioner (ICO) released new guidance on direct marketing. The paper canvasses the marketing rules found in the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, with the aim of helping companies to comply with the law … Continue Reading
On 10 June 2013, the UK Information Commissioner’s Office authorized GlaxoSmithKline’s ‘Binding Corporate Rules‘ (BCRs) – a set of internal policies and procedures used to protect personal data across GSK’s operations globally. Covington & Burling’s data privacy and security team, led by London partner Dan Cooper and senior associate Mark Young and including Brussels based … Continue Reading
By Oliver Grazebrook and Ezra Steinhardt On 20 March 2013, the UK Information Commissioner’s Office (ICO) announced that it had issued a fine of £90,000 against DM Design, a Glasgow-based kitchen and bedroom fitting company, for breaching the Privacy and Electronic Communications Regulations (PECR) by making thousands of unwanted direct marketing calls. This fine, made two years … Continue Reading
On 7 March 2013, the UK Information Commissioner’s Office (ICO) issued new guidance on the use of personal devices for business purposes. The guidance is largely informed by a survey commissioned by the ICO and carried out by the market research firm YouGov. According to the survey, 47% of adults in the UK use personal … Continue Reading
