Welcome to the latest edition of Updata – the international update from Eversheds Sutherland’s dedicated Privacy and Cybersecurity team. Updata provides you with a compilation of privacy and cybersecurity regulatory and...more
Under UK data protection legislation, individuals, also called “data subjects”, have the right to make a data subject access request (DSAR) to organisations that “process” their personal data. Similar rights are required by...more
On May 24, 2023 (or as we like to call it, the eve of GDPR’s 5th birthday), the UK’s data protection body, the Information Commissioner’s Office (the ICO), published a new guide for employers on responding to data subject...more
On 18 July 2022, the UK government introduced the Data Protection and Digital Information Bill to Parliament for its first reading. Following the UK leaving the European Union in 2020, the Bill sets out the proposed reforms...more
Our August update includes new case law on the calculation of holiday pay for part-time workers, a tricky case on whistleblowing, two cases on the balance between gender critical views and trans discrimination, a news roundup...more
The UK government set out its detailed proposals for data protection reform on 18 July 2022 in the form of the Data Protection and Digital Information Bill. Compared with some of the radical ideas in the 2021 public...more
Data subject access requests (DSARs) are a cornerstone of the data protection regime, being fundamental in helping individuals to exercise their rights. If individuals do not know what information an organisation has about...more
The UK government is proposing to amend its data privacy regime to make it easier for employers to comply with its requirements. The main points that would impact employers (if implemented) are that it would be easier to...more
The Information Commissioner’s Office (ICO) recently released its response to the UK government consultation, ‘Data: A new direction’. The consultation was conducted by the Department for Digital, Culture, Media and Sport...more
Legal professional privilege, litigation advice privilege, iniquitous principle, unfair dismissal, right to appeal, unlawful protection from wages claim, income protection payments - EAT concludes that an email sent prior...more
We’ve seen a big increase in the use of data subject access requests (“DSARs”) over the last few years, but we think that the new guidance from the UK’s data protection regulator (the ICO) will provide some reassurance to...more
For any organization that deals with privacy issues in the European Union and other privacy-centric jurisdictions like the United Kingdom, an effective information governance program is a must. A program that includes a...more
Following a decision from the Court of Justice of the EU, the UK Information Commissioner’s Office changed its guidance on how to calculate the GDPR 30-day time limit for data subject requests....more
The High Court has clarified what information can be requested via a data subject access request and given guidance on the approach to be taken. In particular, recipients of personal data and the purposes of processing can be...more
In recent years there has been a trend of beneficiaries exploiting their rights under data protection legislation to gain access to personal data in the trust context, cutting straight through the trustees’ discretion to...more
A recent High Court decision concerning compliance with a data subject access request considered the basis upon which an individual can require the data controller to provide the names of those in receipt of his or her...more