United Kingdom (UK)

There have been many headlines today about the UK Government’s plans to reform UK data protection law. We are still reviewing the (near 150-page) consultation document, but set out below a dozen proposals that we thought might pique the interest of readers of our blog.
Continue Reading 12 Eye-Catching Proposals In The UK Government’s Plan To Reform UK Data Protection Law

On 26 August 2021, the UK Government unveiled a package of announcements which effectively set out its post-Brexit data strategy.

This blog looks at the politics around the costs and benefits of a Brexit divergence dividend in this sector, which the UK Government views as a key area of competitive advantage.
Continue Reading Data Divergence: A Brexit Dividend?

On February 12, 2020, the UK Home Office and Department for Digital, Culture, Media & Sport published the Government’s Initial Consultation Response (“Response”) to feedback received through a public consultation on its Online Harms White Paper (“OHWP”).  The OHWP, published in April 2019, proposed a comprehensive regulatory regime that would impose a “duty of care” on online services to moderate a wide spectrum of harmful content and activity on their services, including child sexual abuse material, terrorist content, hate crimes, and harassment.

While the Response does not indicate when the Government expects to introduce proposed legislation, it provides clearer direction on a number of aspects of the proposed regulatory framework set out in the OHWP, including:
Continue Reading UK Government Publishes Initial Consultation Response on the Online Harms White Paper

On February 4, 2020, the United Kingdom’s Centre for Data Ethics and Innovation (“DEI”) published its final report on “online targeting” (the “Report”), examining practices used to monitor a person’s online behaviour and subsequently customize their experience.  In October 2018, the UK government appointed the DEI, an expert committee that advises the UK government on how to maximize the benefits of new technologies, to explore how data is used in shaping peoples’ online experiences. The Report sets out its findings and recommendations.
Continue Reading Centre for Data Ethics and Innovation Publishes Final Report on “Online Targeting”

On October 3, 2019, the United States and United Kingdom signed an agreement on cross-border law enforcement demands for data from service providers (“Agreement”). The Agreement is the first bilateral agreement to be entered under the Clarifying Lawful Overseas Use of Data (CLOUD) Act. It obligates each Party to remove barriers in their domestic laws so that U.S. and U.K. national security and law enforcement agencies may obtain certain electronic data directly from Communications Service Providers (“CSPs”) located in the jurisdiction of the other Party. The Agreement will go into effect 180 days after its transmission to Congress by the Attorney General, unless Congress disapproves by joint resolution.
Continue Reading U.S. and U.K. Sign CLOUD Act Agreement

On June 3, 2019, the UK Information Commissioner’s Office (“ICO”), released an Interim Report on a collaboration project with The Alan Turing Institute (“Institute”) called “Project ExplAIn.” The purpose of this project, according to the ICO, is to develop “practical guidance” for organizations on complying with UK data protection law when using artificial intelligence (“AI”) decision-making systems; in particular, to explain the impact AI decisions may have on individuals. This Interim Report may be of particular relevance to organizations considering how to meet transparency obligations when deploying AI systems that make automated decisions that fall within the scope of Article 22 of the GDPR.
Continue Reading ICO’s Interim Report on Explaining AI

Earlier this month, the UK’s Information Commissioner’s Office published a draft code of practice (“Code”) on designing online services for children. The Code  is now open for public consultation until May 31, 2019. The Code sets out 16 standards of “age appropriate design” with which online service providers should comply when designing online services (such as apps, connected toys, social media platforms, online games, educational websites and streaming services) that children under the age of 18 are likely to access. The standards are based on data protection law principles, and are legally enforceable under the GDPR and UK Data Protection Act 2018. The Code also provides further guidance on collecting consent from children and the legal basis for processing children’s personal data (see Annex A and B of the Code). The Code should be read in conjunction with the ICO’s current guidance on children and the GDPR.
Continue Reading ICO issues draft code of practice on designing online services for children

On March 29, 2019, the ICO opened the beta phase of the “regulatory sandbox” scheme (the “Sandbox”), which is a new service designed to support organizations that are developing innovative and beneficial projects that use personal data.  The application process for participating in the Sandbox is now open, and applications must be submitted to the ICO by noon on Friday May 24, 2019. The ICO has published on its website a Guide to the Sandbox, which explains the scheme in detail.

The purpose of the Sandbox is to support organizations that are developing innovative products and services using personal data and develop a shared understanding of what compliance looks like in particular innovative areas.  Organizations participating in the Sandbox are likely to benefit from having the opportunity to liaise directly with the regulator on innovative projects with complex data protection issues.  The Sandbox will also be an opportunity for market leaders in innovative technologies to influence the ICO’s approach to certain use cases with challenging aspects of data protection compliance or where there is uncertainty about what compliance looks like.

The beta phase of the Sandbox is planned to run from July 2019 to September 2020.  Around 10 organizations from private, public and third sectors will be selected to participate.  In the beta phase, the ICO is focusing on data processing that falls within the remit of UK data protection law.  
Continue Reading ICO opens beta phase of privacy “regulatory sandbox”

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. 

By Grace Kim and Siobhan Kahmann

Following an informal consultation earlier this year – as covered by our previous IoT Update here – the UK’s Department for Digital, Culture, Media and Sport (“DCMS”) published the final version of its Code of Practice for Consumer IoT Security (“Code”) on October 14, 2018. This was developed by the DCMS in conjunction with the National Cyber Security Centre, and follows engagement with industry, consumer associations, and academia. The aim of the Code is to provide guidelines on how to achieve a “secure by design” approach, to all organizations involved in developing, manufacturing, and retailing consumer Internet of Things (“IoT”) products. Each of the thirteen guidelines are marked as primarily applying to one or more of device manufacturers, IoT service providers, mobile application developers and/or retailers categories.

The Code brings together what is widely considered good practice in IoT security. At the moment, participation in the Code is voluntary, but it has the aim of initiating and facilitating security change through the entire supply chain and compliance with applicable data protection laws. The Code is supported by a supplementary mapping document, and an open data JSON file which refers to the other main industry standards, recommendations and guidance.  Ultimately, the Government’s ambition is for appropriate aspects of the Code to become legally enforceable and has commenced a mapping exercise to identify the impact of regulatory intervention and necessary changes.
Continue Reading IoT Update: The UK publishes a final version of its Code of Practice for Consumer IoT Security