Data Protection Blog

6 August 2018

The Data Protection Act 2018: new criminal offences for data breaches

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”.

Ed Smyth

27 July 2018

Data breach reporting – the only way is up

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.

Adam Chapman

24 July 2018

Joint data controllers – yet more data protection uncertainty

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.

Adam Chapman

10 July 2018

Some welcomed guidance for data controllers: Court of Appeal confirms the correct test to be applied when considering a SAR concerning mixed data

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”.

15 June 2018

GDPR: The significance of the new principle of accountability

The GDPR has introduced a new accountability principle: the data controller “shall be responsible for, and be able to demonstrate compliance, with” each of the six principles of the GDPR. For a principle summarised in 10 words, there is a significant amount of work required by organisations to ensure accountability. And there may be significant consequences if this work is not undertaken.  

Emily Carter

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