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 Personal Data
Back on the Data Protection Reform Merry-Go-Round

The new Labour government has today (23 October 2024) introduced the Data (Use and Access) Bill in the House of Lords, in the latest attempt to reform the UK’s data protection laws as set out in the UK GDPR, Data Protection Act 2018, Data Protection Act 1998 and Privacy and Electronic Communications Regulations.

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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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A problem shared...

As Iceland boss Richard Walker decried data protection and human rights laws for allegedly preventing him and his staff from sharing information with other retailers in order tackle the scourge of shoplifting, Handley Gill’s specialist data protection consultants consider how these and other laws apply to retailers and shopping centre operators and identify the steps retailers can take to lawfully share personal data for the purposes of preventing or detecting crime.

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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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Washed-up or fallen down the plughole?

Following the announcement on 22 May 2024 of the snap General Election to take place on 04 July 2024, Parliament has been prorogued with effect from 24 May 2024 (meaning Parliamentary business is suspended thereafter) and will be dissolved with effect from 30 May 2024. The brief period between the announcement of the election and prorogation is known as wash up, when political parties must negotiate to pass outstanding Bills, or parts of them, or Bills fall. Prorogation also bring an end to the work of the various Parliamentary Committees. Handley Gill’s consultants consider which Bills have been washed up and which have fallen in the context of cyber security, data protection, online safety, artificial intelligence (AI), digital markets, content regulation, reputation management, open justice, access to information, human rights and ESG, as well as the work of Parliamentary Committees which were either rushed out or dropped.

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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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Consigned to a watery grave

The snap General Election announced by Prime Minister Rishi Sunak for 04 July 2024, and the consequent curtailment of the Parliamentary session, will mean that there will be insufficient time for the remaining Parliamentary stages of the Data Protection and Digital Information Bill, including the House of Lords Report stage which was due to commence from 10 June, to be undertaken prior to the prorogation and dissolution of Parliament.

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Breach? Don’t preach! Take some good advice!

Has a cyber incident got you in an awful mess and you don’t mean maybe? What if a data breach leaves you in trouble deep? From the hacker they warned you all about? You need some good advice… and an incident response plan!

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Now you see me...

As police forces are encouraged by the government to expand their use of live facial recognition technologies, with the Prime Minister announcing additional funding, Handley Gill Limited’s specialist consultants consider the legal issues that arise and the actions that Chief Constables and forces must take prior to deploying or even procuring LFR for law enforcement purposes.

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Best Before: 21 March 2024

Handley Gill’s specialist data protection consultants highlight the forthcoming deadline for data controllers to review and, if necessary, update the safeguards relied upon as the lawful basis for conducting transfers of personal data from the UK to overseas where these currently rely upon the old European Commission standard contractual clauses / model clauses, including guidance on the actions that need to be taken.

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Scraping together a lawful basis

As the Information Commissioner’s Office consults on the lawful basis for web scraping by AI developers to train generative AI models under the UK GDPR, Handley Gill’s specialist data protection and artificial intelligence (AI) consultants comment on the issues arising and share their consultation response.

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Data Protection Day 2024

This Data Protection Day 2024 - aka Data Privacy Day 2024 - on 28 January, Handley Gill Limited’s specialist data protection consultants identify the ways that both data subjects and data controllers can ‘Take Control of Your Data’.

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Let the cookie crumble…

As the Information Commissioner warns websites they have 30 days to achieve cookie compliance or face regulatory enforcement action, Handley Gill’s specialist data protection consultants advise on how to ensure that the Information Commissioner’s appetite for enforcing cookie compliance under PECR isn’t a recipe for disaster for your organisation. While amending your cookie banner is a bitter pill to swallow, your website won’t be toast and you can avoid having to eat humble pie.  

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The Bill with the Holes?

Handley Gill’s consultants consider the new Artificial Intelligence (Regulation) Bill, which would establish the AI Authority, impose a requirement to make regulations on AI Responsible Officers (AIROs) and impose notification and compliance obligations in relation to training data.

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Non-sequitur

Handley Gill’s specialist data protection consultants consider the conclusions and implications of the College of Policing’s review of Lancashire Constabulary’s handling of the investigation into the disappearance of Nicola Bulley for the processing of personal data for law enforcement purposes by police forces and other competent authorities under Part 3 Data Protection Act 2018.

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King's Speech 2023

Handley Gill’s consultants highlight and consider the content of the King’s Speech at the State Opening of Parliament 2023, and the implications for those with an interest in data protection, privacy, freedom of expression, online safety, cyber security, broadcasting and VOD regulation, digital markets regulation and/or artificial intelligence.

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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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