Data privacy under scrutiny: ICO broadens investigation to 30 organizations

The core data subject rights regarding privacy notice information, access, portability, rectification, restriction, erasure and objection will still remain in place under the UK GDPR going forward. However, the UK Government has proposed changes to data subject rights regarding automated decision making (please see below).

ICO broadens data privacy investigation to 30 organizations

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Under the DPDI Bill processing for a new purpose is compatible with the original purpose: (a) where the data subject has provided their consent for the new purpose; (b) for purposes of scientific or historical research, archiving in the public interest or statistical purposes; (c) the processing is carried out to ensure that the processing of personal data complies with the processing principles under Article 5(1) of the UK GDPR or demonstrating that it does; (d) the processing is necessary to safeguard an objective in Article 23(1)(c) to (j) (i.e. public security, prevention, investigation, detection or prosecution of criminal offences etc.); and (e) the processing meets a condition in a new list added in Annex 2 to the UK GDPR.

Legal texts instead rely on provisions relating to personal data protection and privacy in the broad sense. But such legislation sometimes proves to be poorly adapted to biometric data.

However, Washington, following Illinois and Texas, passed a biometric privacy law in 2017. California enhanced its privacy protection regulation at the end of 2018. The law (CCPA and now its new layer named CPRA) is frequently presented as a potential model for a U.S.data privacy law.

In August 2017, India's supreme court ruled privacy a "fundamental right" in a landmark case, illustrating that biometric data protection is now on top of the regulators' agenda in the largest democracy of the world.

GDPR requirements apply to each member state of the European Union, aiming to create more consistent protection of consumer and personal data across EU nations. Some of the key privacy and data protection requirements of the GDPR include:

Increased public and political scrutiny have thrown American data privacy into the spotlight. At the moment, there is no federal data privacy legislation. However, there have been increasing discussions on the topic. The conversation took a high profile turn with the congressional hearings of Facebook founder Mark Zuckerberg. Many states have instituted laws of their own, the most notable to date being the California Consumer Privacy Act.

According to an Ovum report, about two-thirds of companies in the United States may be rethinking their strategy in Europe as a result of GDPR. However, as companies anticipate an increase in data privacy regulations in the United States, some are realizing that it may be time to implement more stringent data protection measures across the board.

All organizations, from small businesses to large enterprises, must be aware of all GDPR requirements and be prepared to comply with them going forward. For many of these companies, the first step in complying with GDPR is to designate a data protection officer that will build a data protection program to meet GDPR requirements. Once compliant, it is important to stay informed of changes to the law and enforcement methods. The BBC has a GDPR topic page covering current news stories around enforcement and other subjects.

While some organizations may be concerned about potential reputational damage arising from the publication of the data sets, they should take comfort in the fact that the vast majority of entries in the data sets do not involve enforcement action being taken against the organizations concerned. As such, organizations that implement robust data protection and cybersecurity policies, plans and procedures are unlikely to suffer reputational damage from the publication of these data sets or any future plans by the ICO to increase transparency.

RW initiated proceedings against Post AG, seeking an order requiring the service to disclose a list of the specific recipients of his personal data. In response, Post AG provided RW with a list of the categories of recipients of his personal data, including IT organizations, advertisers and nongovernmental organizations.

The CCPA, which was signed into law in June 2018 and went into effect on January 1, 2020, created new privacy-related rights for California consumers and imposed substantial new data protection obligations on businesses that collect or store data about California consumers. While the CCPA provides broad protections, the legislature quickly amended it by passing the CPRA, which took effect on January 1, 2023, and will provide expanded privacy protections for California consumers once final draft regulations are approved.

Microsoft collects data from you, through our interactions with you and through our products. You provide some of this data directly, and we get some of it by collecting data about your interactions, use, and experiences with our products. The data we collect depends on the context of your interactions with Microsoft and the choices you make, including your privacy settings and the products and features you use. We also obtain data about you from third parties.

If you represent an organisation, such as a business or school, that utilises Enterprise and Developer Products from Microsoft, please see the Enterprise and developer products section of this privacy statement to learn how we process your data. If you are an end user of a Microsoft product or a Microsoft account provided by your organisation, please see the Products provided by your organisation and the Microsoft account sections for more information.

The data we collect depends on the context of your interactions with Microsoft and the choices you make (including your privacy settings), the products and features you use, your location, and applicable law.

When we process personal data about you, we do so with your consent and/or as required to provide the products you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfil other legitimate interests of Microsoft as described in this section and in the Reasons we share personal data section of this privacy statement. When we transfer personal data from the European Economic Area, we do so based on a variety of legal mechanisms, as described in the Where we store and process personal data section of this privacy statement.

In addition, we share personal data among Microsoft-controlled affiliates and subsidiaries. We also share personal data with vendors or agents working on our behalf for the purposes described in this statement. For example, companies we've hired to provide customer service support or assist in protecting and securing our systems and services may need access to personal data to provide those functions. In such cases, these companies must abide by our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose. We may also disclose personal data as part of a corporate transaction such as a merger or sale of assets.

Please note that some of our products include links to or otherwise enable you to access products of third parties whose privacy practices differ from those of Microsoft. If you provide personal data to any of those products, your data is governed by their privacy policies.

Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the cookie. We use cookies and similar technologies for storing and honouring your preferences and settings, enabling you to sign-in, providing interest-based advertising, combating fraud, analysing how our products perform and fulfilling other legitimate purposes. Microsoft apps use additional identifiers, such as the advertising ID in Windows described in the Advertising ID section of this privacy statement, for similar purposes.

Additional privacy controls that can impact cookies, including the tracking protections feature of Microsoft browsers, are described in the How to access and control your personal data section of this privacy statement.

Silverlight Application Storage. Websites or applications that use Microsoft Silverlight technology also have the ability to store data by using Silverlight Application Storage. To learn how to manage or block such storage, see the Silverlight section of this privacy statement.

Below you will find additional privacy information, such as how we secure your data, where we process your data, and how long we retain your data. You can find more information on Microsoft and our commitment to protecting your privacy at Microsoft Privacy.

If you are a U.S. resident, we process your personal data in accordance with applicable U.S. state data privacy laws, including the California Consumer Privacy Act (CCPA). This section of our privacy statement contains information required by the CCPA and other U.S. state data privacy laws and supplements our privacy statement.

Please note that recent changes to the CCPA and other state data privacy laws are set to take effect in 2023; however, the rules implementing many of these laws have not yet been finalised. We are continuously working to better comply with these laws, and we will update our processes and disclosures as these implementing rules are finalised.

Please also see our U.S. State Data Privacy Laws Notice for additional information about the data we collect, process, share and disclose, and your rights under applicable U.S. state data privacy laws. 2ff7e9595c