- 02 Oct 2023
- 2 min read
Data Protection Quarterly News Roundup (July to September 2023)
As we move from a rather wet summer into autumn our data protection highlights from the last three action packed months are set out below:
International data transfers
To start with there is big news in relation to international transfers. The first legal challenges in respect of the EU-US Data Privacy Framework (DPF) have been lodged but more importantly for UK organisations the UK extension to the DPF (aka the UK / US data bridge) has been approved and will come into effect on 12 October 2023. It is important to note though that this is a limited data bridge allowing UK organisations to transfer personal data (without the need for further safeguards like the UK addendum plus EU standard contractual clauses and without the need to carry out a transfer risk assessment) only to US organisations certified under the DPF. You can find more information here: https://www.gov.uk/government/publications/uk-us-data-bridge-supporting-documents/uk-us-data-bridge-explainer.
Harmful website design
The Information Commissioner’s Office (ICO) and the Competition and Markets Authority issued a position paper (which you can read here https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2023/08/it-s-time-to-end-damaging-website-design-practices-that-may-harm-your-users/) in relation to harmful website design, which includes amongst other things commentary in relation to appropriate cookie banners.
At the end of August the ICO published two sets of interesting guidance:
- firstly relating to email and security (most notably the use of blind copy in emails): https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2023/08/ico-publishes-new-guidance-on-sending-bulk-communications-by-email/.
- secondly, guidance about the processing of information about workers’ health by employers: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/employment-information/information-about-workers-health/.
The Children’s Code
The ICO has also published some updates in relation to its Children’s Code and the concept of ‘likely to be accessed’ by children: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/childrens-information/childrens-code-guidance-and-resources/likely-to-be-accessed-by-children/.
Finally, the ICO has published some guidance to help organisations understand the much discussed topic of AI: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/artificial-intelligence/explaining-decisions-made-with-artificial-intelligence/part-1-the-basics-of-explaining-ai/
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