While some have viewed the General Data Protection Regulation's approach to consent as merely adjusting the existing regime, the Information Commissioner's draft guidance suggests a more fundamental change: "a more dynamic idea of consent: consent as an organic, ongoing and actively managed choice, and not simply a one-off compliance box to tick and file away".
[UPDATE] a slightly revised version of this post formed our response to the ICO consultation.
A couple of organisations have asked me recently whether the General Data Protection Regulation (GDPR) requires them to get some sort of external recognition of their incident response team. Here's why I don't think it does.
Recital 49 of the Regulation says:
Having had my own concerns that the European Commission's draft e-Privacy Regulation might prevent some activities that are needed by security and incident response teams, it's very reassuring to see the Article 29 Working Party recommending an explicit broadening of the scope of permitted Network and Information Security (NIS) activities.
Organisations connecting to Janet are required to implement three policies: the Eligibility Policy determines who may be given access to the network; the Security Policy sets out responsibilities for protecting the security of the network and its users; the Acceptable Use Policy identifies a small number of act
[UPDATE: I've added links to the draft Codes of Practice that authorities are proposing to use when preparing each of the orders]
The European Commission recently published wide proposals to reform copyright law. One particular concern is that the proposals appear to reduce the existing legal protections for sites that host third party content.
According to Parliament's website, "outstanding issues on the [Investigatory Powers] Bill were resolved on 16th November". The Bill now passes to its final formal stage, Royal Assent, after which it will be the Investigatory Powers Act.
On the recent trial run of our new course on Filtering and Monitoring we invited students to discuss the Home Office requirement to "consider the use of filters as part of their overall strategy to prevent people being drawn into terrorism".
I'll be talking about legal issues of Learning Analytics and the General Data Protection Regulation
