Cyber Risk & Data Privacy

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On 26 July 2017 the Court of Justice of the European Union (CJEU) delivered its Opinion that the draft Passenger Name Record (PNR) Agreement between the EU and Canada is not compatible with the EU Charter of Fundamental Rights (the Charter) and may not be concluded in its current form. The Opinion follows a referral by the European Parliament to the CJEU and is the first time the Court has been requested to examine the compatibility of an international agreement with the EU Charter.
Continue Reading EU-Canada Passenger Name Records Agreement declared incompatible with EU Fundamental Rights

Stakeholders have written a joint letter to Article 29 Working Party (WP29) expressing their concerns about the GDPR consultation process. ​ They believe that the GDPR consultation processes which have taken place so far with 30-day deadlines to respond were much too short, and that a reasonable consultation period (for example 8 weeks) should be set.

An additional concern is that the WP29 guidelines effectively introduce additional rules. The WP29 guidelines are non-binding, but can still be introduced as compulsory requirements at national level.  The stakeholders therefore point out that whilst it is important that they provide clarity…
Continue Reading Stakeholders express concerns about GDPR consultation process

The Article 29 Working Party (WP29) has recently provided its Opinion 2/2017 on data processing at work. The Opinion, adopted on 8 June 2017, highlights the risks and challenges of processing employees’ personal data in light of new technologies. While the Opinion focuses on the current data protection regime, it also considers some of the obligations arising under the General Data Protection Regulation (GDPR) from 25 May 2018.
Continue Reading Article 29 Working Party Opinion on Data Processing at Work

The General Scheme of the Data Protection Bill 2017 was published last Friday and we have prepared a summary of its main provisions here.

The drafting of the Bill is a complex task. There is a need to repeal the provisions of the Data Protection Acts 1988 and 2003 that are replaced by the directly effective provisions of the GDPR, to transpose the Law Enforcement Directive (2016/680) and at the same time to give effect to provisions of the GDPR that require national implementing measures.

Although not stated definitively, it appears that consideration is being given to having a…
Continue Reading New Data Protection Bill Published

The Article 29 Working Party (WP29) (consisting of data protection regulators from the 28 Member States) has adopted an Opinion 01/2017 on the proposed e-Privacy Regulation, which will repeal and replace the e-Privacy Directive. Whilst the WP29 welcomes the proposal, it identifies several points of concern, and sets out how the proposal can be improved.
Continue Reading WP29 gives lukewarm welcome to proposed e-Privacy Regulation

The Article 29 Working Party (WP29) has proposed guidelines to help organisations identify when it is necessary to carry out a Data Protection Impact Assessment (DPIA) and how to do so. The guidelines are open to public comment until 23 May 2017.  DPIAs involve evaluating the potential impact that a new project will have on the privacy of individuals, and identifying ways to mitigate or avoid any adverse effects in advance of processing.  The GDPR requires DPIAs to be carried out when processing is likely to result in a “high risk” to the rights and freedoms of natural persons.
Continue Reading WP29 publishes draft guidelines on DPIAs

The Data Protection Commissioner (DPC) has published her Annual Report for 2016.  It highlights key developments and activities of her Office last year, as well as priorities for 2017, which will be “all about GDPR readiness“.  2016 was a busy year for the DPC’s Office.  It dealt with an increased number of queries, complaints and data breach notifications. The DPC continued her engaged approach to regulation, engaging extensively with multinational companies, such as Facebook, LinkedIn, Apple and WhatsApp on proposed new policies, products and services, conducting over 100 face-to-face meetings. The DPC also engaged with a number of entities in the public, health and private/financial sectors.
Continue Reading Data Protection Commissioner publishes Annual Report for 2016

The Article 29 Working Party (WP29) has issued its final guidance on Data Protection Officers (DPOs), Data Portability and Lead Supervisory Authority, in response to stakeholders’ comments. Some of the new points raised in the revised guidance are set out below.
Continue Reading WP29 issues final guidance on DPOs, Data Portability and Lead Authority

The CJEU has ruled (Case C-398/15) that there is no general right to be forgotten in respect of personal data in the companies register. However, upon expiry of a sufficiently long period after dissolution of a company, Member States may provide for restricted access to such data by third parties in exceptional cases. The CJEU’s decision is in line with its ruling in Google Spain (Case C-131/12) that the right to be forgotten is not absolute, and will always need to be balanced against other fundamental rights.
Continue Reading No right to be forgotten in respect of personal data in the companies register

The Information Commissioner (IC) has made a formal binding decision that records of lobbying communications with the Data Protection Commissioner (ODPC) are not accessible under the Freedom of Information (FOI) Act 2014. In Right to Know CLG v ODPC (Case No. 160447), the IC concluded that the ODPC was justified in refusing the applicant’s request on the ground that the records sought fell outside the scope of the FOI Act, as they did not concern the general administration of the ODPC’s office.
Continue Reading Data Protection Commissioner not required to disclose lobbying communications