GDPR

03Nov

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 be...

By Article 3 Engagement, Brexit-proofing, Data breach, Domicile, GDPR, IT Implementation, Jurisdiction, Legal Architecture, Location, Misuse of private information, Monitoring, Nationalities, Profiling, Public international law, Remedies, Residence1 Comment
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01Nov

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 case...

By Applicable Law, Brexit, Brexit-proofing, GDPR, IT Implementation, Jurisdiction, Legal Architecture1 Comment
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26Oct

“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 their...

By Damages, Data breach, Data Protection Act 1998, Distress, GDPR, Misuse of private information, Vicarious liability0 Comments
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03Apr

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 passing...

By Automated decision-making, DPIA, GDPR, Misuse of private information, Monitoring, Profiling3 Comments
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15Mar

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 appropriate...

By Automated decision-making, GDPR, Monitoring, Notification, Profiling, Working Party2 Comments
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12Nov

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 generic...

By DPIA, EPA, GDPR0 Comments
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09Mar

Brexit: the gift that keeps on giving… And they thought it was all over!

The Three Knights are riding to the rescue! Or... is it.. the Three Stooges, or perhaps Sanchos, tilting at the windmills that seem to be spinning ever more rapidly? (yes, the GDPR does have a little dog in this race. But later...) As for my initial view? A plague on both their houses. The Three Knights do a good job, as does Professor Elliot in pointing out weaknesses. However, some of the good Professor's key points seem a trifle theoretical and, if that is right,...

By Brexit, GDPR0 Comments
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