News & Analysis as of

Information Commissioner's Office

UK Data Protection Authority Publishes International Strategy

by King & Spalding on

The United Kingdom’s Information Commissioner’s Office (“ICO”) has published its international strategy for 2017-2021, which sets out the UK’s strategy for its relationship with the European Union on data privacy matters...more

DeepMind Deal with NHS Trust Reveals Privacy Concerns

Back in 2015, DeepMind, a Google company, signed a deal with the Royal Free NHS Foundation Trust. The deal allowed DeepMind access to 1.6 million patients health information as well as the ability to develop an app called...more

ICO Publishes International Strategy

by Reed Smith on

The Information Commissioner’s Office (“ICO”) has released its International Strategy 2017-2021 (“Strategy”). The Strategy supports its Information Rights Strategic Plan, which we reported on earlier this year. The first...more

Employment News - July 2017

by Hogan Lovells on

You cannot be serious – application for injunction refused - In NIIT Technologies Ltd v Chaturvedi the High Court turned down an application to enforce a non-solicitation of employees covenant, on the basis that there was...more

ICO publishes revised Subject Access Code of Practice incorporating Court of Appeal guidance – dealing with requests from...

by Ropes & Gray LLP on

In the wake of two key judgments from the Court of Appeal, the Information Commissioner’s Office has updated its Subject Access Code of Practice – Dealing with requests from individuals for personal information. The...more

New UK Subject Access Code of Practice

by McGuireWoods LLP on

This month the ICO updated its Subject Access Code of Practice, which gives guidance to data controllers on how to respond to subject access requests from data subjects. The Code itself is not legally binding, but provides...more

Subject Access Requests: ICO Publishes Updated Guidance

by Reed Smith on

The Information Commissioner’s Office (ICO) has published an updated data subject access code of practice (the Code) to reflect developments following two major Court of Appeal judgments published in early 2017: Dawson-Damer...more

ICO’s Strategic Plan for the ‘New Frontier’ of Data Protection

by Reed Smith on

The ICO recently published its Information Rights Strategic Plan for 2017 – 2021 (the ‘Plan’). Within it, the ICO Commissioner, Elizabeth Denham, asserts that we are on the “edge of a new frontier,” and that the data...more

Global Privacy & Cybersecurity Update Vol. 14

by Jones Day on

New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

GDPR Compliance Update: Which Government Authorities Have Issued Official GDPR Guidance?

This post provides an update as to the current status of official GDPR-related guidance. With a little under a year remaining until the European Union’s General Data Protection Regulation (GDPR) becomes enforceable, companies...more

New FCA Web Page on Cyber Resilience

On May 18, 2017, the FCA published a new Web page on cyber resilience. The FCA notes that cyber risks pose a threat to all financial services firms. Firms should be aware of the threat, able to defend themselves...more

The Information Commissioner’s Guidance on Consent under the GDPR

by Ropes & Gray LLP on

The General Data Protection Regulation (the “GDPR”) came into force in May 2016 and makes numerous changes to European data protection laws. Among other things, the GDPR updates the rules on the use of consent by data...more

EU regulators welcome stricter rules on cookies and direct marketing

by White & Case LLP on

The European Commission has published a draft Regulation regarding cookies and electronic direct marketing. EU regulators have publicly welcomed the proposal, which has potentially significant consequences for all businesses...more

UK Parliament Passes New Digital Economy Act

by Hogan Lovells on

The Digital Economy Bill passed into UK law last Thursday 27 April 2017 amidst the flurry of activity known as the “wash up” period before the dissolution of Parliament and ahead of the early general election in the UK to be...more

Meritas Data Protection & Privacy The GDPR - new data governance obligations on businesses

Let’s start with the good news. The current obligation to register with the national data protection authority will be abolished. Along with the fines and criminal offences of failing to do so. In its place, the...more

UK ICO Publishes Discussion Paper on Profiling and Automated Decision-Making under GDPR

by WilmerHale on

The UK Information Commissioner’s Office (ICO) continues to play an active role in shaping data protection law in the EU, notwithstanding the UK’s decision to leave the EU in the aftermath of Brexit. On April 6, 2017, the ICO...more

‘Once in a Generation’ Legislative Changes: the ICO’s Strategy for GDPR Challenges

by Reed Smith on

Information Commissioner Elizabeth Denham has recently given some valuable insights into the Information Commissioner’s Office’s (ICO) General Data Protection Regulation (“GDPR”) strategy. Addressing the House of Lords EU...more

UK ICO Requests Input for Guidance on GDPR Profiling Requirements

by Hogan Lovells on

The UK ICO has published what it describes as a feedback request on profiling and automated decision-making, with the intention that responses will “help inform the UK’s contribution to the WP29 guidelines due to be published...more

Man vs. Machine: the ICO Provides Guidance On Use of Big Data

by Reed Smith on

As the European data protection framework evolves, big data remains a hot topic. Often, what makes up these large data sets is personal data, so it has clear data protection implications. The Information Commissioner’s...more

ICO request feedback on profiling and automated decision-making

by Dentons on

The ICO has published a request for feedback on the GDPR rules on profiling and automated decision making. They say it’s not guidance and just initial thoughts but we think it is a good steer on what the ICO thinks are the...more

The dangers of direct marketing: Seeking consent or asking for trouble?

by White & Case LLP on

The UK Information Commissioner's Office has issued fines to two businesses for unlawfully sending emails to individuals to ask about their marketing preferences. These cases emphasise the fact that "marketing" in this...more

ICO Issues Fine for Marketing Emails Disguised as Service Messages

by Hogan Lovells on

The Information Commissioner’s Office (ICO) has issued a £70,000 fine against Flybe and a £13,000 fine against Honda Motor Europe Ltd for breaching Regulation 22 of the Privacy and Electronic Communications Regulations (PECR)...more

UK Privacy Regulator Addresses Data Protection Under The GDPR

by King & Spalding on

On Monday, March 6, 2017, the UK’s Information Commissioner’s Office (“ICO”) held its annual Data Protection Practitioners’ Conference. During the conference, Information Commissioner Elizabeth Denham, who was appointed to...more

United Kingdom Privacy Office Issues Guidance on Consent Under GDPR

by Ballard Spahr LLP on

The EU General Data Protection Regulation (GDPR), which takes effect in May 2018, will require companies to reassess their mechanisms for obtaining, tracking, and verifying individuals' consent. Companies will need clear and...more

ICO Seeks Extra Resources for GDPR Enforcement

by Alston & Bird on

On March 13, 2017, Elizabeth Denham, head of the UK data protection authority (“ICO”) publicly expressed her intention to massively recruit new personnel in an effort to be ready for the European (“EU”) general data...more

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