Earlier this month the UK privacy office put a stop to several related entities’ use of facial recognition technologies and fingerprint monitors for their employees. The UK Information Commissioner’s Office found that the companies were using the tools to monitor attendance. However, the ICO felt that the companies could have used “less intrusive technologies” -like fobs or ID cards- to accomplish the same goals. In reaching its conclusion the ICO noted that employees were allegedly not given a meaningful choice, given the “imbalance of power” between the employer and the employee. And as such employees were made to feel, the ICO believed, that clocking in and out with facial recognition/fingerprint scanning was “a requirement in order to get paid.”Continue Reading ICO Has Concerns Over Facial Recognition Use

The UK Information Commissioner’s Office recently reported that it is continuing its review of website cookie banners. It had expressed concern late last year that these banners were not giving “fair choices” because they did not make it as easy for users to reject all advertising cookies as it was for users to accept all. The ICO reached out to 53 companies and has now indicated that it will be reaching out to more companies: 100 at a time. To conduct its review, it will run a hackathon this year to develop an AI tool to comb the web for “noncompliant” banners.Continue Reading UK ICO Uses AI In Cookie Banner Review

Beginning today, the UK adequacy decision for US data protection measures goes into effect. As a result, UK companies can transfer personal information to entities in the US that are participants in the EU-US Data Privacy Framework (DPF). As part of the decision, the UK Secretary of State will review the ongoing sufficiency of the DPF every four years. The ICO, in supporting the decision, suggested that the UK Secretary of State look at specific factors when reassessing the program. These include the risk to UK data subjects for automated decision making and right to be forgotten.Continue Reading No Need to Mind the Gap – UK Extension is a Data Bridge for US-UK Data Transfers

The UK’s new Code of Practice for App Store Operators and App Developers provides companies with privacy-related resources. It also highlights ICO privacy expectations. Participating in the code is done by voluntarily complying with it (it is not mandatory). The UK Department for Digital, Culture, Media, and Sport, though, is not only working with leading companies to participate in the code, but also is looking at whether current laws should be expanded and/or if code participation should become mandatory. Continue Reading UK App Code Provides Privacy and Security Compliance Direction

Companies transferring personal data out of the EU or UK are reminded of key deadlines approaching for the contracts that govern these transfers. When the European Commission adopted the new Standard Contractual Clauses (SCCs) in 2021, it set a deadline of December 27, 2022 for existing contracts under the old SCCs. This means that by December 27, 2022 onward, all existing contracts using the old SCCs will need to be replaced by the new terms.Continue Reading Deadlines for EU and UK Standard Contractual Clauses Approaching

In a recent letter to the UK law society, the UK Information Commissioner’s Office and the National Cyber Security Centre have provided lawyers with advice about ransomware payments. The two agencies cautioned lawyers that such payments would not help “protect” the data, mitigate the risk to individuals, or result in a lower ICO penalty in the event of a regulatory investigation. Instead, they stated in a release that accompanied the letter, lawyers “should not advise clients to pay ransomware demands should they fall victim to a cyber-attack.”Continue Reading UK ICO and NCSC Issue Caution About Making Ransomware Payments

The European Commission announced today a long-awaited decision that the UK data protection standards are adequate under the meaning of GDPR’s Article 45, providing a mechanism to enable transfer of data from the EU to the UK without the need for additional authorisation or putting in place additional safeguards. This decision will be in force for four years but can be withdrawn if the UK were to lower its standards and no longer provide EU citizens adequate protection for their personal data. The decision excludes personal data that is transferred for purposes of United Kingdom immigration control.
Continue Reading Free Data Flow to the UK May Continue – EU Adopts Adequacy Decision