03 June 2018

The Government was recently defeated in the Lords as peers backed a new Leveson inquiry into the behaviour of the UK press. This followed the Government holding off an attempt to force greater media regulation. It stems, of course, from the infringement of privacy rights by many of the print…

18 May 2018

If an organisation has not obtained consent to record calls for training purposes, can it cite 'legitimate interest'? Some sectors, such as the insurance industry, are required to do so from a regulatory perspective, such as the FCA, and so recording the call does not present a problem. But for…

17 May 2018

  There are effectively two points to consider here, firstly, the requested consent for data usage during the retention period and secondly, how the business manages the information collected in order to document and evidence as compliance. The business should consider things such as: how the data is stored, i.e…

28 April 2018

Does a data processor require a legal basis (beyond the contract it has with the data controller) in order to processes data provided by the data controller? The processor has to consider the reasonable expectation of the data subject and ensure a legitimate interest is pursued. A contractual basis will…

28 April 2018

Under the Privacy and Electronic Communications Regulations (PECR), it was possible to use lists of people who purchased good or services in the past and give ‘opt-out’ of future mailings. Under GDPR is this no longer valid because there is no clear and active consent, as it has been assumed…

09 April 2018

When a data subject challenges the accuracy or legitimacy of you holding their data you must restrict processing, including access, while you investigate. But, this leads to questions as to how this is this being done. And, more importantly, what are YOU doing about it? The reality is not many…

07 April 2018

The regulation is not merely for the 28 EU-member states (27 after Brexit). It is for the 31-member states of the European Economic Area (EEA), which includes the 28 EU member states plus Iceland, Norway, and Lichtenstein. GDPR is being integrated into the 1992 EEA Agreement. And not only does…

03 April 2018

A question many people still have is that, regardless of whether legitimate interest is the basis for processing data, do organisations still have to gain consent where, for example, downloads or website form filling is required? The Information Commissioners Office (ICO) states you can rely on other lawful bases apart…

03 April 2018

One question that continues to be asked is whether there is any kind of check list out there to ensure your software is GDPR compliant. It is not so much the software but rather, the organisation that needs to be compliant. Software systems can be improved to help the process…


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