LEGAL, REGULATORY & COMPLIANCE CONSULTANTS

Handley Gill Limited

Our expert consultants at Handley Gill share their knowledge and advice on emerging data protection, privacy, content regulation, reputation management, cyber security, and information access issues in our blog.

Posts tagged ICO
Every little bit of data helps?

While the sale of marketing lists is generally prohibited, as retail insolvencies increase Handley Gill’s specialist data protection consultants analyse the Information Commissioner’s laissez-faire approach to the purchase and use of the CRM databases of companies in administration and consider the opportunity this offers to administrators and potential purchasers of distressed businesses by reference to the recent case studies of Tesco’s purchase of Paperchase’s assets and the sale of The Body Shop’s assets.  

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[Regulators] hold back… galvanise

Unlike the Chemical Brothers, Prime Minister Keir Starmer called on regulators to hold back in order to galvanise economic growth in his speech to the International Investment Summit on 14 October 2024. We consider the implications for UK regulation of artificial intelligence (AI), digital markets and data protection by the ICO, CMA and Regulatory Innovation Office, and forthcoming legislation.

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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’).

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Another bauble for the tree?

The UK government has today (05 September 2024) joined the US, EU and other countries in signing the Council of Europe’s Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law. Handley Gill’s specialist artificial intelligence (AI) consultants consider the implications of this statement of intent for the UK’s current and proposed legislation as announced in the King’s Speech 2024, and what new laws and amendments will be necessary to enable the UK to meet the AI Treaty’s obligations.

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Security guaranteed?

To coincide with London Tech Week 2024, one of the key themes of which is ‘The Future of Security and Data’, and following the revelation in the DSIT Cyber Security Breaches Survey 2024 that few organisations are conducting supply chain risk assessments, Handley Gill’s specialist consultants have published their Helping Hand checklist on conducting data processor / supply chain information security risk assessments which is informed by NCSC guidance.

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Right my wrongs

As the Information Commissioner’s Office conducts the fourth part of its consultation on generative AI and data protection focusing on data subject rights, ‘engineering individual rights into generative AI models’, Handley Gill’s specialist data protection and artificial intelligence (AI) consultants comment on the issues arising and share their consultation response, as well as highlighting areas not currently addressed in the draft guidance.

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Time to regenerate

The Information Commissioner’s fourth call for evidence in its Generative AI consultation series on ‘engineering individual rights into generative AI models’ suggests that generative AI model developers should regenerate their privacy policies to ensure that they provide individuals with sufficient information to ascertain whether they have been affected by the web scraping of their personal data.

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Labouring under an illusion?

Handley Gill’s consultants reflect on the openDemocracy conference ‘Where are we now with the Freedom of Information Act?’, held on Friday 08 March 2024 at the Institute of Advanced Legal Studies, where Labour Shadow Attorney General Emily Thornberry MP gave the keynote speech outlining Labour’s position on FOIA, openness and transparency and the ICO warned of the potential for more stringent enforcement.

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AI regulation in the UK: in out in out shake it all about

Handley Gill’s consultants analyse the Government’s response to its consultation on the White Paper ‘A pro-innovation approach to AI regulation’, published on 06 February 2024, and its implications for AI developers and UK creators, business and the public, identifying the steps the Government has committed to take.

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It’s a fine life

Handley Gill’s specialist data protection consultants respond to the Information Commissioner’s consultation on its draft Data Protection Fining Guidance, which will replace relevant parts of its Regulatory Action Policy (2018) relating to when the issue of a monetary penalty notice is appropriate and the approach to calculating any fine.  

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PSNI Blues

Reflecting on the reprimand issued by the Information Commissioner against the Police Service of Northern Ireland (PSNI) for unlawfully transferring personal data processed for the law enforcement purposes under Part 3 Data Protection Act 2018 to the USA, Handley Gill’s consultants identify the elements of a compliance programme that would mitigate against such incidents and have produced a downloadable pdf illustrating each lawful basis for transferring personal data processed under Part 3 DPA 2018 overseas.

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Barely recognisable?

Handley Gill Limited’s consultants respond to the Information Commissioner’s consultation on the draft Biometric Data Guidance Phase 1. We call for clarity on the circumstances in which the deployment of biometric recognition technologies will be considered to be lawful, particularly in the context of employment and the workplace, confirmation that a Data Protection Impact Assessment (DPIA) will always be required when deploying biometric recognition technologies and inclusion of the benefits and risks of biometric recognition. Finally, we argued for greater clarity about the requirements for further processing of special category biometric data.

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So you’ve been debanked…

Handley Gill’s data protection consultants consider the implications of the data subject access request (DSAR) submitted by Nigel Farage in the context of his de-banking dispute with Coutts & Co and its parent company Natwest, and advise how individuals can make a data subject access request (DSAR).

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CrapITa

Handley Gill’s data protection consultants consider recent supply chain cyber attacks, including the unfolding of the recent Capita and Zellis / MOVEit data breaches, and identify the steps data controllers should take when engaging data processors as part of their supply chain or giving third parties access to personal data, and the lessons to be learned for vendor management throughout the data processing lifecycle.

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On Hand March 2023

March 2023 edition of Handley Gill’s monthly digital newsletter, with all the latest developments in data protection, cyber security, AI and machine learning, content regulation, access to information and reputation management. Presented in a readily digestible digital format, those who prefer the traditional newsletter format can export the newsletter to pdf.

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What's missing from the Computer Misuse Act 1990?

Handley Gill Limited’s consultants respond to the Home Office consultation on proposals to revise the Computer Misuse Act 1990 to introduce additional powers for law enforcement bodies to takedown and seize domains and IP addresses and, require the preservation of data, as well as to introduce new offences and stronger sentencing for the copying of data. We also call for stronger cyber resilience legislation, through the introduction of minimum cyber security standards, while rejecting lobbying efforts for a blanket public interest defence to CMA offences. Finally, we advocate for stronger extra-territoriality of CMA offences and stronger sentencing powers and associated guidance.

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Your money... and your life?

New cyber sanctions imposed by the UK and US governments against Russian nationals expose victims of ransomware, and their individual directors and officers, to criminal liability in the event that ransom payments are made.

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