GDPR: Are ‘legitimate interests’ a carte blanche to carry on regardless?

Posted on May 25 2018 by Paul Heritage-Redpath | Comments Off on GDPR: Are ‘legitimate interests’ a carte blanche to carry on regardless?

As the new GDPR legislation rolls into action today, many marketeers are now looking to ‘legitimate interests’ to justify their comms activity – but whilst this clause offers the most flexibility to use people’s personal data for marketing purposes it cannot always be assumed it is an appropriate way to justify your communications.

The law states that legitimate interests can be ‘your own interests or the interests of third parties and can include commercial interests, individual interests or broader societal benefits’. However the Information Commissioner’s Office (ICO) says that if you choose to rely on legitimate interests, you take on extra responsibility for ensuring people’s rights and interests are fully considered and protected. The ICO also states that for direct marketing purposes, the right to object is absolute and you must stop with the communications if someone requests it.

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Where does the latest High Court judgement leave the IPA?

Posted on May 02 2018 by Paul Heritage-Redpath | Comments Off on Where does the latest High Court judgement leave the IPA?

With the recent High Court ruling that a key pillar of the government’s Investigatory Powers Act (IPA) – often referred to as the ‘Snooper’s Charter’ – is unlawful and must be amended within six months, we ask what lies ahead now for this controversial piece of legislation?

The judgement says that Part 4 of the IPA, which outlines the need for ISPs to retain their customers communications data including email activity, phone use and Internet browsing history, was incompatible with EU law. This is something that regular readers of our blog will know we’ve been saying for some time!

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GDPR: Friend or Foe?

Posted on Apr 05 2018 by Paul Heritage-Redpath | Comments Off on GDPR: Friend or Foe?

As TechUK, a body which represents over 1,000 UK tech firms urges the Government not to scrap General Data Protection Regulation (GDPR) laws following our departure from the European Union, we believe that stepping away from EU legislation has the potential to do our thriving tech industry more harm than good.

Described as ‘the biggest change to data protection law for a generation’ by the UK’s Information Commissioner Elizabeth Denham, GDPR, is European legislation that is set to replace UK Data Protection from 25th May 2018.

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Does the latest European court ruling expose the cracks in the IPA?

Posted on Mar 19 2018 by Paul Heritage-Redpath | Comments Off on Does the latest European court ruling expose the cracks in the IPA?

Since the Investigatory Powers Act (IPA) first came into being Entanet has expressed its concern about how the legislation nicknamed ‘The Snoopers’ Charter’, which grants wide ranging surveillance to the Government, could ever possibly co-exist with European data protection laws.

Without saying ‘I told you so’ it seems the latest ruling by the The Court of Appeal following a challenge from the human rights group Liberty would agree with our long standing view.

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2017: The year in review

Posted on Dec 21 2017 by Darren Farnden | Comments Off on 2017: The year in review

What a packed year 2017 has been for Entanet and for the sector as a whole. From the exciting news of us joining forces with CityFibre and creating a new breed of wholesaler, to an array of legislative developments including ongoing changes to the Investigatory Powers Act and Digital Economy Act and of course the continuing debates on related issues such as online encryption and how ISPs broadband speeds should be advertised – with much more to play out in all of these areas in 2018!

As ever we’ve tried to keep you at the heart of all the key issues through our opinion blog, so if you fancy a festive recap or perhaps an opportunity to catch up on some of the bits you may have missed over a mince pie, then download our ‘2017- A year of Opinion in review’ eBook for free.

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Do the proposed IPA changes go far enough?

Posted on Dec 13 2017 by Paul Heritage-Redpath | Comments Off on Do the proposed IPA changes go far enough?

The Government has launched a consultation on fresh changes to the Investigatory Powers Act (IPA) – nicknamed the Snoopers’ Charter – following the ruling late last year by the Court of Justice of the European Union (CJEU) that much of the legislation is unlawful.

As regular readers of our blog will know, Entanet has repeatedly voiced concerns about the IPA and in particular its obvious inability to coexist with further legislation such as GDPR and the new Data Protection Bill. How can the Government insist on ISPs collating masses of data on one hand, yet give users improved rights such as the ‘right to be forgotten’ on the other? Not to mention the issues of privacy invasion and data security.

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New Data Protection Bill & IPA – A match made in hell

Posted on Aug 09 2017 by Paul Heritage-Redpath | Comments Off on New Data Protection Bill & IPA – A match made in hell

Last week the Government announced a new Data Protection Bill which will replace the existing Data Protection Act 1988 by aiming to strengthen UK citizens control over their own personal data and align our laws with the EU’s new GDPR legislation which will come into effect from May 2018. Excellent- what a good idea! There’s just one problem though – that annoying Investigatory Powers Act (IPA) which already exists and contradicts this almost entirely!

Commenting on the new Bill, Matt Hancock, Minister of State for Digital said: “The new Data Protection Bill will give us one of the most robust, yet dynamic, set of data laws in the world. The Bill will give people more control over their data, require more consent for its use, and prepare Britain for Brexit. We have some of the best data science in the world and this new law will help it to thrive.”

We don’t disagree with Mr Hancock. The Government’s press release quotes research showing more than 80% of people feel they don’t have complete control over their data online and the new Bill will aim to improve this by introducing a ‘right to be forgotten’ meaning they can request their personal data be erased (including from social media sites). It will also eradicate the use of the current default opt-out and pre-selected check boxes for consent in the collection of personal data – both requirements already included in the forthcoming GDPR.

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5 Common misconceptions about GDPR

Posted on Jul 18 2017 by Paul Heritage-Redpath | Comments Off on 5 Common misconceptions about GDPR

No matter what industry you work in, GDPR (or General Data Protection Regulation) should be top of mind right now. It’s certainly big news for business facing journos at the moment. Yet despite the constant coverage there still seems to be a lot of confusion surrounding GDPR – this article aims to put common misconceptions straight and help you protect your business from potentially hefty fines.

Misconception #1 – It only affects companies based in the EU

Although GDPR is an EU law, it doesn’t just affect EU based companies. It affects any company that stores and uses information relating to any EU citizen regardless of where the company is based. It’s the first global data protection law.

Therefore, if your customer is based in an EU country or you hold any personal data (the definition of which has been expanded – see our free eBook for more info) of any EU citizen it will affect you and your business. The fact that the UK is in the process of leaving the EU also has no impact on our need to comply with this law.

The only way you don’t need to comply is if you can 100% prove that you do not hold or use any information about any citizens of any EU country.

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You think the IPA is bad – it could be worse, you could be in the USA!

Posted on Apr 03 2017 by Paul Heritage-Redpath | Comments Off on You think the IPA is bad – it could be worse, you could be in the USA!
Categories : Data retention, Privacy

For two western countries that are relatively similar in many ways, it appears the UK and the USA could not have more opposing views when it comes to the protection of data and privacy. Whilst the UK Government continues to fend off ongoing legal challenges and criticism of its controversial IPA (Investigatory Powers Act) or Snoopers’ Charter as it’s widely nicknamed, the USA is about to make it perfectly legal for ISPs to sell off their customers’ personal information and web activity history to the highest bidders for commercial use.

As you know from our previous articles on the subject, the IPA requires UK ISPs to retain vast amounts of customer data including your online activity and enables the security agencies and police to access this data as and when they require, regardless of whether or not you are suspected of a crime. The latest challenge to this Act has come from the European Court of Justice who argued the new law contravenes existing European laws on privacy and data retention. See our article “How can the Investigatory Powers Act ever co-exist with the EU?” for more information.

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Looks like the IPA and EU can’t co-exist after all!

Posted on Feb 28 2017 by Paul Heritage-Redpath | Comments Off on Looks like the IPA and EU can’t co-exist after all!

We previously asked “How can the Investigatory Powers Act ever co-exist with the EU?” and according to the latest industry news reports the answer is – it can’t!

According to the technology news website, Ars Technica, a spokesperson from the Home Office has confirmed that the implementation of the highly controversial plans for widespread retention of customer data (regardless of whether or not the customer was being investigated for any crime) have been put on hold in response to the ECJ (European Court of Justice) ruling back in December.

Despite the Government initially stating they had plans to work around the ECJ ruling it seems the plans have now been completely stalled whilst they await a court date for the appeal.

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