Another day, another massive personal data security breach… but how have law-makers and regulators reacted in developing cyber-security policies so far this year? This week it was reported that Equifax – the US credit bureau – suffered a giant cybersecurity breach this summer compromising the personal information (including names, social security numbers, birth dates, addresses, … Continue reading
Category Archives: Risk-based approach
New EU Guidelines on Data Protection Impact Assessments
Assessing the likelihood of a ‘deep impact’ – but how ‘deep’ is ‘deep enough’ and by whose standards? In other words, how exactly do you develop a methodology for determining whether processing is “likely to result in a high risk” to data subjects under the GDPR? Draft guidelines on conducting data protection impact assessments (DPIAs) … Continue reading
ICO Requests Feedback on New Data Protection Profiling Provisions
If we stopped calling it ‘profiling’ and started calling it “creating composite, digital ‘mosaics’ by singling out, linking, and inferring personal attributes”, people might say “Well, it’s about time” The UK Information Commissioner’s Office (ICO) has published a discussion paper seeking feedback on profiling provisions under the EU’s General Data Protection Regulation (GDPR). The deadline … Continue reading
A call for a common techno-legal language to speak about anonymisation, pseudonymisation, de-identification… Could this be one of the biggest challenges brought about by the GDPR?
The General Data Protection Regulation (GDPR) will be applicable in less than two years and lawyers as well as others are trying to grapple with definitional issues. The graduated approach that would have meant alleviating the regime of certain categories of data such as pseudonymised data (e.g. by eliminating the need to comply with … Continue reading
CJEU in Breyer: Dynamic IP addresses will (very?) often be personal data and German Law is too restrictive! Okay but how shall we care about voluntary and systematic retention of logs?
And here is delivered by the Court of Justice of the European Union (CJEU) another landmark judgment: C‑582/14 Breyer v Bundesrepublik Deutschland concerning the proper characterisation of IP addresses and the compatibility of German national law with Article 7(f) of the Data Protection Directive (DPD). The judgement is not available in English yet, but … Continue reading
The First-Tier Tribunal and the anonymisation of clinical trial data: a reasoned expression of Englishness…. which would have to be abandoned with the GDPR?
The Queen Mary University of London v (1) The Information Commissioner and (2) Alem Matthees, EA/2015/0269 case decided by the First-Tier Tribunal (Information Rights) (FTT(IR)) on 12 August 2016 is a fascinating decision. [Could it be a stylish expression of Englishness…. or otherness?] The case-facts concern a freedom of information request for clinical trial patient data … Continue reading
Mind the Caveats – CJEU Advocate General opines that Dynamic IP Addresses can be Personal Data … (sometimes)
“I am not a number …” – but to what extent does EU data protection law deem that I am identifiable from one if someone somewhere could link it back to me at a single point in time? The Court of Justice of the EU (CJEU) has been hearing arguments in a case involving the … Continue reading
The GDPR and the biggest mess of all: why accurate legal definitions really matter….
Issued last week, here is what seems to be the final version of the General Data Protection Regulation (the GDPR)! This 6 April 2016 version, likely to be adopted by the European Parliament this week, is now in the kiosks! HIP HIP HOORRAY I hear you thinking, either ironically because more than 4 years of … Continue reading
Council reaches general agreement on proposed Data Protection Regulation, but disagreements remain in view
‘A single road ahead or cross-roads reached?’ – Is the aim of EU harmonisation of data protection rules disappearing out of sight? On 15 June, the Council of the EU announced that it had agreed a general approach to the draft Regulation on the protection of individuals with regard to the processing of personal data … Continue reading