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 GENERAL DATA PROTECTION REGULATION
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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You Shall EU

Handley Gill's specialist data protection consultants consider the status of CJEU judgments in UK law after the Labour government intervened to prevent section 6 Retained EU Law (Revocation and Reform) Act 2023 from coming into force and amending the European Union (Withdrawal) Act 2018, and consider several CJEU judgments addressing the processing of special category personal data, the interaction between data protection and competition law, the conduct and balancing of legitimate interests assessments, data minimisation and the status of supervisory authority decisions.

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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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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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Holiday packing list

With the summer holiday season in full swing, Handley Gill Limited’s specialist data protection and cyber resilience consultants consider the data protection and information security risks of staff taking data and devices used for business purposes overseas and the practical measures that organisations can take to safeguard data subject to border control powers.

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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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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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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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