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 UK GDPR
A paradox of choice

Handley Gill Limited’s specialist consultants unpack the recent High Court decision in Harrison v (1) Cameron & (2) Alasdair Cameron Limited [2024] EWHC 1377 (KB), in which the High Court determined that data controllers responding to data subject access requests (DSARs) are obliged to disclose the specific identities of recipients of personal data, and are not permitted to merely disclose categories of recipient unless exceptions or exemptions apply.

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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the issues arising and share their consultation response, as well as highlighting areas not currently addressed in the draft guidance.

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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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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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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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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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Britain's Got Talent's Got Problems

Handley Gill Ltd’s specialist consultants provide initial comment and analysis on The Sun’s report of David Walliams’ data protection claim against one of the co-producers of ITV’s Britain’s Got Talent, Fremantle Media, including the nature of the claim, potential defences and the sums being claimed. The claim arises from the the leak of a transcript of comments made by Walliams on set to The Guardian in November 2022.

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