GDPRtopics

GDPRprocess

The Article 29 Working Party of European Data Protection Supervisors has published draft guidance on consent under the General Data Protection Regulation. Since the Working Party has already published extensive guidance on the existing Data Protection Directive rules on consent, this new paper concentrates on what has changed under the GDPR.

3 November 2017 at 10:21am

Article 29 WP draft on Breach Notification

incident response

Breach Notification

The Article 29 Working Party's draft guidance on Breach Notification under the General Data Protection Regulation (GDPR) provides welcome recognition of the need to do incident response and mitigation in parallel with any breach notification rather than, as I've been warning since 2012, giving priority to notification.

26 October 2017 at 4:23pm

GDPR and "cyber security"

incident response

Education Technology have just published an article I wrote (though I didn't choose the headline!) on how security and incident response fit into the General Data Protection Regulation. It aims to be an easy read: if you want something more challenging follow the "incident response protects privacy" link to get the full legal analysis.

23 October 2017 at 4:28pm

GDPR - Privacy Notices

GDPRprocess

Although privacy notices are an important aspect of the General Data Protection Regulation, it seems unlikely that we will have final guidance from regulators for several months.

9 October 2017 at 9:11am

GDPR: Student Unions

I've been asked how universities can share students' details with their students union. Since there doesn't seem to be any law giving universities "special powers" to do that, the choice seems to be between the six normal legal bases under the General Data Protection Regulation (GDPR).

20 September 2017 at 11:29am

European Law on Public Authorities

It's pretty clear from the context and implications that when European legislators wrote "public authority" into the General Data Protection Regulation they didn't mean the same as the drafters of the UK's Freedom of Information Acts. "Public authority" isn't defined in the Regulation and I've not been able to find it in any other European law, so I'm grateful to David Erdos for pointing out the case where the concept and reason for it, if not the actual phrase, were discussed.

11 September 2017 at 9:35am

GDPR: Backups, Archives and the Right to Erasure

I was recently asked how the GDPR's Right to Erasure would affect backups and archives. However that right, created by Article 17 of the GDPR, only arises when a data controller no longer has a legal basis for processing personal data. Provided an organisation is implementing an appropriate backup and archiving strategy, that shouldn't happen.

29 August 2017 at 3:12pm

GDPR: Recording Phone Calls

GDPR

Most of us are familiar with the recorded messages at the start of phone calls that warn "this call may be recorded for compliance and training purposes". Some may recognise it as meeting the requirement to notify callers under the snappily titled Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000. But the data protection implications of call recording are perhaps more interesting.

1 August 2017 at 8:58am

GDPR: Wifi access