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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How will the GDPR and ePrivacy Directive affect your marketing?

Posted on Feb 22 2017 by Darren Farnden | Comments Off on How will the GDPR and ePrivacy Directive affect your marketing?

As marketers we’re used to dealing with changes and advancements, be they in the technology we promote and sell, the marketing practices and techniques that we use or the laws and regulations we must abide by. With regards to the latter, there are some significant changes on the horizon that we should all be aware of and adapt our marketing to comply with.

1. General Data Protection Regulation (GDPR)

General Data Protection Regulation (GDPR) is new European legislation that will come into force from 25th May 2018 and although the UK will be in the process of leaving the EU by then, it will still apply to anyone who collects or processes the personal data of any EU citizen. The UK Government is also expected to introduce ‘equivalent’ legislation to ensure we are able to continue to trade effectively with the EU post-Brexit. Therefore, it’s important we all know how to comply with GDPR and understand the effect it will have on our businesses, and in particular our marketing activities.

This new legislation is making headlines due to the tough financial penalties it threatens for data breaches – 4% of global turnover or €20 million. Whilst the security of our data is very important this legislation has wider reaching implications for marketers including:

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