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Civil Fraud Quarterly Round-Up: Q4 2025
Mary Young
International transfers of personal data are instantaneous and constant. Everyday business functions such as uploading data files to the cloud or sending emails potentially involve transferring personal data across international borders. This is particularly relevant in today’s global economy where business functions are often outsourced overseas for operational and cost efficiencies.
The Information Commissioner’s recently published Annual Report for 2017/18 reveals a substantial – 29% - increase in the number of self- reported data breaches. In light of the fact that the GDPR introduced new mandatory reporting of serious breaches, it is to be anticipated that the 2018/19 Annual Report will show an even greater increase.
In two recent decisions the CJEU has adopted a maximalist, and probably to many people a counter-intuitive, approach to the issue of the identification of joint data controllers – the effect the decisions is that a body can be a joint data controller of personal data even through it has no access to, and no right of access to, the personal data in question. Both cases were decided under pre-GDPR law, but changes introduced by the GDPR mean that they are likely to have a significant impact.
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