Two months ago, the introduction of the General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018 (“DPA”) significantly changed our data protection landscape (see our related blogs). Reference to “GDPR” became a daily occurrence in shops and offices, and received daily attention on social media and in the press.
The Data Protection Act 2018 (“the Act”) repeals and replaces the UK’s existing data protection laws to keep them up to date for the digital age to ensure that United Kingdom “retains its world-class regime protecting personal data”.
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.
Mixed data cases present a particular challenge for data controllers and, as Adam Chapman noted in his previous commentary of this case in the High Court, “in ‘three way’ cases such as these, the data controller is likely to be challenged irrespective of the decision they take”.