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Processing personal data and consent in the employment context – what are the issues?
07 August 2019The Hellenic Data Protection Authority has imposed a €150,000 fine against an employer which had inappropriately relied on consent as the lawful basis for processing employee data. This decision is an important reminder for employers and data controllers on the limitations of using consent as a valid basis for processing employee data in the post- 25 May 2018 EU General Data Protection Regulation (“GDPR”) landscape.
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The US Federal Trade Commission issues $5bn fine to Facebook and demands significant conduct changes
31 July 2019The fine, which is the highest ever imposed in the data privacy sphere, accounts for approximately 9 % of Facebook’s 2018 revenue. Even more significantly, however, the conduct order requires Facebook to change the way they operate.
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Data security breaches - a tale of two airlines
25 July 2019Recent decisions by privacy regulators in the United Kingdom and Hong Kong have highlighted contrasting approaches towards data security breaches affecting customers of two major airlines.
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Hong Kong protestors “in breach of data privacy law”
24 July 2019Revealing officials’ personal data in protest against the proposed “Extradition Bill” was a breach of the Personal Data (Privacy) Ordinance.
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Model clauses for EU-US data transfers under threat in latest Schrems challenge
24 July 2019The privacy activist and student, Max Schrems, who started the litigation which ultimately led to the collapse of Safe Harbor, is pursuing a new challenge to the validity of model clauses. The case could have significant ramifications for EU-US data transfers, and also for UK-EU data transfers after Brexit.
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BA’s sky-high fine for GDPR breach
09 July 2019British Airways (BA) are potentially facing a £183m fine by the Information Commissioner’s Office (ICO) for breaches of the General Data Protection Regulation (GDPR) following last year’s cyber-attack. The actual amount of the fine will be determined after representations are made by BA and by other supervisory authorities.
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The Law, the ‘Outlaws’ and Ad Tech’s O.K. Corral
26 June 2019Programmatic advertising is often likened by commentators to the Wild West: some because they consider it to be a lawless place where anything goes; others because it pushes boundaries and is creating a new frontier. Wherever you stand on that metaphor, ad tech is looking like it’s about to have its own ‘Gunfight at the O.K. Corral’ moment – a shootout in the EU prompted by a long-simmering feud between privacy’s ‘lawmen’ and the advertising industry’s ‘outlaws’ finally boiling over.
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A Trailer for GDPR Season 2: Creating a ‘Culture of Accountability’
19 June 2019In our previous article*, we looked at some key scenes from the first season of the GDPR. This next part takes a peak at what’s likely to be the main plot for season 2 (spoiler alert).
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GDPR Season 1: Off to a Slow Start?
30 May 2019Like winter in the popular HBO series Game of Thrones, privacy professionals warned that ‘GDPR is coming’ many months, years even, before the army of supervisory authorities (SAs) and data subjects started to amass on their doorsteps. For the most part, the warning fell on deaf ears. It was only when the first snows had already started to fall, signalling the imminent arrival of winter, that GDPR preparations began in earnest – with panic soon turning into hysteria, for some.
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Technology, Customer Authentication and PSD2: payment service providers (and retailers) - are you ready?
25 March 2019Apparently, we will, globally, spend some $4.9 trillion in e-Commerce transactions by 2021. Smartphones generated over 42% of eCommerce revenues in 2018 and there has been a ten-fold increase in biometric smartphones in the last two years. However, against the backdrop of our increasing transactional reliance on smartphones and other mobile devices, e-Commerce fraud increased by 33% in 2016. This put pressure on the EU to keep up with the way in which we shop and to enhance consumer protection by reducing the potential for fraud.
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JJ Shaw writes for Sportcal – AI: changing the game.
Press
12 March 2019JJ Shaw has written an article for Sportcal where he discusses the innovative developments in Artificial Intelligence within the sports industry, the need for AI specific regulations as well as the debate around ownership and access to data.
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Lewis Silkin advises Urban Innovation Company in their development and implementation of pulse smart hubs in Belfast
Deal
26 February 2019Lewis Silkin advised Urban Innovation Company (UIC) on its recent and exciting project of introducing the first smart hubs to the streets of Belfast. The £3M project, funded entirely by UIC which designs and builds next generation telecommunication hubs, will help people stay connected - and even save lives. Lewis Silkin supported UIC with a variety of commercial, corporate, IP, planning and data privacy related advice.
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ICO prosecutes Cambridge Analytica parent company
21 February 2019The Information Commissioner’s Office (“ICO”) has flexed its muscles by successfully prosecuting a company related to Cambridge Analytica for failing to comply with an enforcement notice it had issued. The case provides a reminder that non-UK citizens and residents have equal rights against UK data controllers to those of people within the country.
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No-deal Brexit and data transfers – an update
21 February 2019The Department for Business, Energy and Industrial Strategy (“BEIS”) has published guidance on using personal data after Brexit. The European Data Protection Board (“EDPB”) has also released an information note on the implications of a no-deal Brexit for data transfers from the EEA to the UK.
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Artificial Intelligence: The New Driving Force Behind Sports Performance and Entertainment
13 February 2019If I was to raise the topic of “artificial intelligence” in football, you’d be forgiven for thinking I was referring to Joey Barton’s decision to enrol as a philosophy student at Roehampton University back in 2013. But not so – last month it was announced that London-based non-league club, Wingate & Finchley FC, have employed football’s very first ‘AI coach’.
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Tech Predictions for 2019
11 January 2019Following on from our 2018 Tech Predictions, here are our top ten favourite tech predictions for 2019. Just imagine a world where new technology not only makes us more efficient but improves our lives in other ways - let’s see what 2019 might hold in store!
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NEW ICO guidance on “Data protection if there’s no Brexit deal”
18 December 2018With uncertainty about Brexit continuing to dominate the headlines, the Information Commissioner’s Office (“ICO”) has released some useful and practical guidance on key data protection issues if there is no Brexit deal.
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Brexit and GDPR: What should you do now about EU to UK transfers of personal data? (And other related issues)
28 November 2018There has been much discussion about the impact of Brexit on a company’s personal data flows in and out of the European Union post Brexit.
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Heathrow fined over data breach
09 October 2018The Information Commissioner’s Office (“ICO”) has made a civil monetary penalty order for the sum of £120,000 against Heathrow Airport Ltd (“HAL”) after a lost data stick containing the sensitive personal information of a number of staff members was found by a member of the public.
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Ali Vaziri writes for PDP Journal: Cyber-crime: court-assisted breach containment
Press
01 October 2018In an article for PDP Journal, Ali Vaziri explores how the courts can help contain a confidentiality breach in the light of recent cases involving organisations that have been hacked, had data stolen, and are then blackmailed