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.

New and improved?

The Second Reading of, and first chance for Parliament to debate, the government’s second attempt to reform the UK’s data protection legislation, in what it has described as the “improved” and “common-sense-led” Data Protection and Digital Information (No.2) Bill (Bill 265 2022-23) takes place on 17 April 2023. Handley Gill’s specialist data protection consultants consider its impact on the UK’s existing data protection legislation and identify amendments that would improve the Bill.

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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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On Hand February 2023

February 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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Nicola CainComment
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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SIT down...

The Prime Minister, Rishi Sunak, has announced that a new government department is to be created, the Department for Science, Technology & Innovation, which is likely to take on responsibility from DCMS for online safety and data protection.

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You know how i feel

Handley Gill Limited, and its specialist data protection consultants, respond to the Information Commissioner’s (ICO’s) consultation on its draft ‘Employment practices and data protection: information about workers’ health guidance, which address the use of special category data concerning health in the context of maintaining sickness, injury and absence records, occupational health schemes, conducting medical examinations and testing (including drug testing) and other health monitoring.

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Data Protection Day 2023

In advance of Data Protection Day 2023 - aka Data Privacy Day 2023 - on 28 January, Handley Gill Limited’s specialist data protection consultants identify 5 ways you can use the occasion to enhance your data protection management programme / privacy management programme.

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Watch and learn

Handley Gill Limited, and its specialist data protection consultants, respond to the Information Commissioner’s (ICO’s) consultation on its draft ‘Employment practices: monitoring at work’ guidance, which addresses the lawfulness of the use of workplace monitoring and surveillance technologies in the workplace (whether office, home or remote working) and on workers’ devices.

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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.

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Take Two

Handley Gill Limited’s response to the Information Commissioner’s second consultation on the draft statutory ‘Data protection and journalism code of practice’, on the processing of personal data for the purpose of journalism under the UK GDPR and Data Protection Act 2018. The ICO is obliged by s.124 Data Protection Act 2018 to prepare and submit the code to the Secretary of State at the Department for Digital, Culture, Media & Sport (DCMS) for it to be laid before Parliament.

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Risky business

New guidance issued by the Information Commissioner’s Office on the approach to assessing the risk of restricted ex-UK international data transfers may ease restrictions on transfers of personal data to the US and presents an opportunity to revisit ex-UK international data transfers that had previously been rejected as non-compliant.

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Biden waves Privacy Magic Wand

President Biden issued Executive Order On Enhancing Safeguards For United States Signals Intelligence Activities on 07 October 2022, enhancing the safeguards afforded to global citizens and laying the foundation for adequacy findings by the European Commission and Secretary of State for ex-EEA and ex-UK restricted international data transfers. While the risk of legal challenge to any adequacy finding would remain, such findings would provide welcome respite for the millions of data exporters who are neither equipped nor resourced to conduct wide ranging reviews of foreign legislation at an individual level.

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GDP-ouR

In a speech at the Conservative Party Conference 2022, Michelle Donelan MP, the Secretary of State for Digital, Culture, Media and Sport, announced a bespoke British system of data protection, appearing to indicate a significant revision to the Data Protection and Digital Reform Bill currently undergoing Parliamentary consideration and a potential consolidation of the UK’s data protection law framework.

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Revocation and Reform offers no R & R

Without intervention by DCMS, the Retained EU Law (Revocation and Reform) Bill will decimate the UK’s data protection law framework.

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See ya SCCs, enter the IDTA

New data processing or other sharing agreements governed by the UK GDPR, which are entered into on or after Thursday 22 September 2022 and which involve the export of personal data from the UK to third countries and will rely on appropriate safeguards under Article 46 UK GDPR in the form of standard data protection clauses, can no longer rely on the standard contractual clauses (SCCs) or ‘model clauses’ issued by the European Commission and valid as at 31 December 2020 and must instead incorporate the International Data Transfer Agreement or modernised SCCs and International Data Transfer Addendum.

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DCMS SoS?

Handley Gill considers the impact of the new Prime Minister, Liz Truss, and Secretary of State at the Department for Digital, Culture, Media and Sport, for the Online Safety Bill and the Data Protection and Digital Information Bill.

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Keeling calling: Data Protection & Digital Information Bill

Unofficial Keeling schedules demonstrating the effect that the Data Protection and Digital Information Bill (Bill 143 2022-23) (as introduced) will have on the Data Protection Act 2018 and Privacy and Electronic Communications Regulations (PECR), and a comparison between the GDPR, UK GDPR and the UK GDPR with prospective amendments from the Data Protection and Digital Information Bill.

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Truss calls time for TikTok?

As Conservative Party Leadership Contest candidate Liz Truss threatened to crack down on ByteDance, the Chinese owner of social media platform TikTok, during the BBC’s News Special ‘Our Next Prime Minister’ on 25 July 2022, we explore how she might seek to do that under the National Security and Investment Act 2021, through amendments to the Online Safety Bill and/or Data Protection and Digital Information Bill and through the actions of regulators Ofcom and the Information Commissioner.

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In the Firing Line?

ICO25, the Information Commissioner’s new draft strategic plan for the period 2022-25, currently open for consultation, identifies 15 industry sectors and data processing activities proposed to be the intended focus of the Commissioner’s investigations and enforcement activity in relation to data protection and the processing of personal data under the UK GDPR, Data Protection Act 2018 and Privacy and Electronic Communications Regulations (PECR), including recruitment, banking and finance, biometrics, the care sector, gambling, CCTV, law enforcement, health, AI and algorithms.

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