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Are We Heading Towards Personal Liability for Data Protection Breaches?

David Smith

A couple of weeks ago I heard Stephen Eckersley, the ICO’s Head of Enforcement being put on the spot on Radio 4 about the number of the fines imposed by the ICO that have gone unpaid. This isn’t a problem with what might be considered the more reputable businesses that pay up when fined but Read More

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ICO announced record fine on TalkTalk in relation to cyber attack

Lawson Caisley

On 5 October 2016, the Information Commissioner’s Office announced that it had imposed a record fine on TalkTalk in relation to the cyber attack suffered by TalkTalk last year. Click here for the official announcement. The following key points arise out of the ICO’s decision and comments: TalkTalk was fined because the ICO concluded that Read More

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Cyber threats – the crest of the wave?

Charlotte Mullarkey

Once again we learn of a vast data breach – this time relating to Yahoo user details. This is perhaps the biggest breach yet discovered. And “discovered” is the worrying factor. What else is out there? The Yahoo breach appears to have occurred several years ago – in 2014 – and was only revealed by Read More

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Bitfinex: could greater regulation have prevented its hack?

Conor O'Hanlon

Introduction “In response to these constructive discussions with the CFTC’s Division of Enforcement, BFXNA has made significant changes to the way in which U.S. customers engage in financed trading on Bitfinex.” – Bitfinex Announcement, June 2, 2016[1] In their engagement to date with the emerging cryptocurrency sector, the United States Commodity Futures Trading Commission (the Read More

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CJEU indicates bulk data collection only compatible with EU law if strict conditions followed

Harry Bresslaw

National legislation authorising bulk data collection will only be compatible with EU law if a series of strict conditions are met, according to the advice of an Advocate General at the Court of Justice of the EU. In an Opinion on joined cases Tele2 Sverige AB v Post-och telestyrelsen (C-203/15) and Secretary of State for Read More

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Privacy Shield ready for business

Peter van Dyck

Today, after a positive vote by the Article 31 Committee last Friday, the European Commission formally adopted the Privacy Shield adequacy decision. The Privacy Shield aims to replace the earlier Safe Harbour mechanism after its well-publicised invalidation by the European Court of Justice in October 2015. Key improvements The five key stated improvements of the Read More

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