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GDPR engagement of 30+ additional jurisdictions – automated pleadings

Abstract: (1) The GDPR arguably, either directly or indirectly, could engage in a relatively straightforward fashion circa 30 jurisdictions apart from EU and EEA nations; plus some special jurisdictions such as places in northwest Africa, as implied by the Polisario jurisprudence. Pleadings for several such jurisdictional scenarios are explained. (2) My post on Brexit-proofing software contained an example of how jurisdictions might be embedded into a legal architecture artefact. That same example is reused to demonstrate how such pleadings can [...]

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Brexit-proofing software – without programming for specific dates, jurisdictions, etc

Abstract: Simple methods to inoculate data protection (or any other) multi-jurisdictional software from Brexit and similar events, before their possibility can be known or even contemplated. International software blues A general problem for lawyers – and for all their clients dealing with multiple jurisdictions – is how to ensure seamless transition of processes and systems (IT and otherwise) between different jurisdictions, in which different legal systems apply and unpredictable new rules can come into effect at any moment and, in the [...]

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“Data Breaches… Armageddon…” – as announced by the Three Horsemen

“Data breaches… Armageddon…” – Morrisons v Various Claimants, [2018] EWCA Civ 2339 at para 78. Caveat: I confess at the outset that this quotation, though technically accurate, fails truly to reflect the tenor of the Court of Appeal’s judgment. But are the consequences for employers so different? Not so clear. Bear with me while I try to dig myself out of this hole. To recapitulate, circa 100,000 employees of Morrisons (a UK supermarket chain) suffered a data breach when one of [...]

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Identifying Recipients of GDPR personal data – Theory and Reality

Under the GDPR, a data subject must be informed of the recipients or the categories of recipient of their personal data. These two choices are genuine alternatives. The controller can choose. But can that choice resist circumstances? Under the old regime, likewise it was necessary only to specify non-particularized categories. Hence the semantically meaningless rubbish filling up the non-statements of processing held in various supervisory authorities’ existing “registration” databases. So, under the GDPR, can we still get away with it? After [...]

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GDPR, IP addresses, and classification – theory and practice

IP addresses can determine jurisdiction – as classically exploited by private and public surveillance agencies, BigTech, other data brokers,  and just about any web site owner. This is well known. As is the fact that such tracking information is key to everyone’s commercial efforts to destroy net neutrality and undermine the web. But what does this mean for GDPR compliance? Can it be exploited for classifying individuals’ jurisdiction? Should it? What are the pros and cons? Theory (law) I note in [...]

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GDPR: Can children prevent schools from disclosing grades to parents?

“Can I sue my school for telling my grades to my parents via a website, with the European GDPR law?” This is a question asked of me on Quora some time ago by an “interested” data-subject! Normally I pass on such questions, but this hits a nerve. If you just take out the text “via a website”, we have a more general question I get asked by school and university controllers. It’s therefore also one I sometimes work through in [...]

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GDPR: can it impact financial regulation of foreign takeovers?

ABSTRACT: Supervisors are interested in GDPR risks. Financial regulators are interested in financial risks. Often the latter may be derivative of the former. An obvious question arises: at what point might financial regulators become interested in data protection risks? Background: I was asked a question which for various conduct reasons I can’t possibly answer in the terms asked. That said, given its resonance with similar issues I’ve observed in the UK and other contexts, I’ve reformulated it to something so [...]

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