Information Wrongs

Handley Gill’s specialist online safety consultants analyse the fine imposed on the provider of OnlyFans, its second fine against a video sharing platform provider for failure to comply with an information notice issued under Part 4B Communications Act 2003, the precursor to the Online Safety Act 2023 regulating video sharing platforms, examining common themes in Ofcom’s approach to enforcement having regard to its earlier fine on TikTok and, considering the implications for entities subject to the Online Safety Act 2023.

Child Development

Handley Gill’s specialist data protection consultants summarise and comment on the efficacy of the Information Commissioner’s strategy to enforce its Age Appropriate Design Code aka the Children’s Code, the likely targets of future enforcement activity and, the impact of regulatory co-operation with Ofcom.

Nicola Cain21 March 2025Data Protection, PERSONAL DATA, UK GDPR, Data Protection Act 2018, Section 123 Data Protection Act 2018, Age Appropriate Design Code, Children's Code, Children's Code Strategy, Information Commissioner, Information Commissioner's Office, ICO, Children's Data, Children's Personal Data, Online Safety, Online Harms, UNCRC, UN Convention on the Rights of the Child, Geolocation, Privacy by Design, Profiling, Targeted Advertising, Personalised Advertising, Behavioural Advertising, Recommendation Algorithms, Recommendation Systems, VSPs, VIDEO SHARING PLATFORMS, Social Media, Age Assurance, Age Verification, Consent, Lawful Basis for Processing, Children's Access Assessment, AI, Artificial Intelligence, AI Regulation, Generative AI, Generative Artificial Intelligence, Generative AI & Data ProtectionComment

Not so instant compliance

As Meta announces the introduction of Instagram Teen Accounts for users in the UK, USA, Canada and Australia, Handley Gill’s specialist data protection and online trust and safety consultants consider the global laws and regulations that have spurred this change, and the role of the Information Commissioner’s Children’s Code aka the Age Appropriate Design Code, the UK Online Safety Act 2023, the US’ Kids Online Safety Act (‘KOSA’) and the Children and Teen’s Online Privacy Protection Act (‘COPPA 2.0’).

Nicola Cain19 September 2024Online Safety, Online Harms, eSafety, Online Safety Act 2023, Data Protection, PERSONAL DATA, GDPR, General Data Protection Regulation, UK GDPR, UK GENERAL DATA PROTECTION REGULATION, DATA PROTECTION ACT 2018, Information Commissioner, Information Commissioner's Office, ICO, Children's Code, Age Appropriate Design Code, Social Media, Information Society Services, CHILDREN, Children's Data, Likely to be accessed by children, Trust and Safety, Privacy Settings, Meta, Instagram, Teen Accounts, KOSA, Kids Online Safety Act, Age Assurance, Age Verification, Enforcement, Data Protection Enforcement, Children and Teen’s Online Privacy Protection Act, COPPA, COPPA 2.0, Children's Code Strategy, ICO Children's Code Strategy, Protecting Children's Privacy Online, SMPs, Social Media Platforms, VSPs, Video Sharing Platforms, Platform Liability, Ofcom, Protecting Children from Harms Online, Children's Safety CodeComment

Stop the Clock

Handley Gill’s specialist data protection consultants analyse the ICO’s monetary penalty notice fining TikTok £12.7m over its processing of children’s personal data, the implications for providers of information society services and identify potential grounds for TikTok’s appeal.

Nicola Cain7 June 2023Data Protection, Personal Data, UK GDPR, Data Protection Enforcement, Monetary Penalty Notice, Children, Children's Data, Online Safety, Online Harms, Article 8 UK GDPR, Information Society Services, Article 5(1)(a) UK GDPR, Article 6(1)(a) UK GDPR, Conditions for consent, Consent, Data Protection Principles, Article 12 UK GDPR, Article 13 UK GDPR, Notice of Intent, Age Assurance, Age Verification, Information Commissioner, ICO, Ofcom, Children's Personal Data, Article 8(1) UK GDPR, Article 8(2) UK GDPR, Article 6(1)(b) UK GDPR, Privacy Notice, Privacy Policy, Schedule 2 Part 5 Data Protection Act 2018, Schedule 2 Part 5 Paragraph 26 Data Protection Act 2018, Special Purposes Exemption, Journalism Art or Literature, Journalism Exemption, Journalistic Academic Artistic and Literary Purposes, Human Rights, Human Rights Act 1998, Article 10 ECHR, Article 10 European Convention on Human Rights, Right to Freedom of Expression, Regulatory Action Policy, TikTok, ByteDanceComment

HM Coroner vs the Online Safety Bill

As the deadline approaches for the government and social media platforms to respond to HM Coroner’s recommendations in the Prevention of Future Deaths report following the Molly Russell inquest verdict, Handley Gill considers how the recommendations stack up against the provisions of the Online Safety Bill.

Nicola Cain29 November 2022Online Safety, Online Harms, ONLINE SAFETY BILL, Bill 285 2021-22, Bill 004 2022-23, Bill 121 2022-23, eSafety, Content Moderation, Intermediary Liability, Social Media, Molly Russell, Molly Russell Inquest, Regulation 28 Coroners (Investigations) Regulations 2013, Regulation 29 Coroners (Investigations) Regulations 2013, Schedule 5 paragraph 7 Coroners and Justice Act 2009, HM Coroner, Chief Coroner, Ofcom, Roadmap to Regulation, Online Safety Regulator, Online Harms Regulator, UK GDPR, UK General Data Protection Regulation, Data Protection Act 2018, DPA 2018, Age Verification, Children’s Risk Assessment, Safety duties protecting children, Harmful content, Primary priority content that is harmful to children, Self-Harm, Digital Regulation Co-operation Forum, DRCF, CMA, Competition & Markets Authority, Information Commissioner, ICO, FCA, Financial Conduct Authority, Advertising, Algorithm, Algorithmic Accountability, Algorithmic TransparencyComment

Is the Online Safety Bill safe?

Conclusion of the Report stage of the Online Safety Bill in the House of Commons, which was scheduled for 20 July, has now been postponed until after the summer recess. Responding to the news, Conservative Party leadership candidate Kemi Badenoch described the Bill as being “in no fit state to become law”, raising the prospect that the Online Safety Bill may become safer, but for whom?

VIG (Very Important Guidance) for VSPs

Ofcom publishes guidance for UK video sharing platforms (VSPs) on their obligations to protect users from harmful content.

Nicola Cain6 October 2021BREXIT, VSPs, VIDEO SHARING PLATFORMS, VSP FRAMEWORK, OFCOM, CONTENT REGULATION, ONLINE HARMS, ONLINE SAFETY, ONLINE SAFETY BILL, TECH REGULATION, TECHNOLOGY REGULATION, PLATFORM REGULATION, AUDIO VISUAL MEDIA SERVICES, AUDIOVISUAL MEDIA SERVICES, AUDIOVISUAL MEDIA SERVICES DIRECTIVE, AVMS, AVMSD, COMMUNICATIONS ACT 2003, UGC, USER GENERATED CONTENT, CHILDREN, CSAM, CHILD SEXUAL ABUSE MATERIAL, TERRORISM, RACISM, XENOPHOBIA, TERRORIST CONTENT, RACIST CONTENT, XENOPHOBIC CONTENT, BBFC, BRITISH BOARD OF FILM CLASSIFICATION, BBFC CLASSIFICATION GUIDELINES, R18 CONTENT, INCITEMENT OF VIOLENCE, INCITEMENT OF HATRED, PROTECTED CHARACTERISTICS, RESTRICTED MATERIAL, RELEVANT HARMFUL MATERIAL, INTERNET WATCH FOUNDATION, NATIONAL CENTRE FOR MISSING & EXPLOITED CHILDREN, NCMEC, THORN, TECH AGAINST TERRORISM, GLOBAL INTERNET FORUM TO COUNTER TERRORISM, Age Verification, Age Assurance, Advertising, Advertising Restrictions, Parental Control, Content RegulationComment

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