Tag Archives: GDPR

Fines, Enforcement and good faith

We then considered enforcement trends. The total number of fines is going up; the maximum under the DPA is £½ m, the maximum under the GDPR will be €20m or 4% of global turnover. Today the ICO can fine under two laws, the Data Protection Act and the Privacy and Electronic Communication Regulation (PECR),  which regulate Data Controllers and Processors and direct mailing houses respectively. The ICO have taken more interest in the DPA since they gained fining powers. This note looks at the record in court, the change in enforcement powers, and notes that the preponderance of fines have been levied due toinadequate technical protection.

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The coming Data Protection Officer, needed, expert & independent

A presentation was made about the to be established Data Protection Officer, claiming to be informed by the EU’s advice on what the law means. We looked at whether a DPO is needed, the expertise and skills required, and the requirement for independence.

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An overview of issues with the GDPR

At the BCS legal day,  a presentation was made entitled “Key Issues” which they started with a quote from Jan Albrecht MEP (the Rapporteur),

“[The] result is something that makes (as we intended from the beginning) everybody equally unhappy, but at the same time is a huge step forward for all sides involved.

Jan Albrecht MEP”

It is hoped that business opportunity will be created by a harmonisation of regulation across Europe with a goal of improved privacy for its citizens. The harmonisation is constrained by the Restrictions Article, which excludes areas of law from the Regulation and creates nationally authored variances.

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BCS Legal Day

I attended the BCS ISSG Legal day where the priority was the coming General Data Protection Regulation. I believe that the day was held under Chatham House rules, which means that comments cannot be attributed. I prefer to work on more open terms; it allows me to attribute credit to those who have informed me or changed my mind but the notes have been anonymised. The running order has been changed to make the story better and to conform to my preferred priority order, of principles, rights, obligations and enforcement.  The day consisted of two presentations, entitled “Key Issues”, “the Data Protection Officer” and one on trends in enforcement.  I have written these notes over the last week, and backdated them to the day of occurrence. These are a bit less polemic than my recent articles here, but for various reasons I have been reminded that that’s how they once were; I hope these articles are useful to my more technical readers. Some of the discussions and issues may interest those that follow me for politics.

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A note on the coming GDPR

In a blog at my employer’s site I looked at how to become compliant with the EU’s General Data Protection Regulation. Regulations are the Law in all the member states, and members of the European Economic Area. The article looks at the issues of consent, the new data subject rights, privacy by design, the meaning of adequate protection and new public accountability via the duty to report breaches and to appoint a professional data protection officer.

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The coming Chief Privacy Officer

I was asked to contribute to an article on the new legal framework surrounding Data Protection Officers (DPO). I was pleased they took what I consider to be one of the critical contributions I offered, that “Privacy by Design” is a requirements management problem.

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