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Data Breach and Vicarious Liability

In a landmark case, the UK Supreme Court has ruled that supermarket chain Morrisons is not vicariously liable for a deliberate data breach committed by a former rogue employee, who driven by a grudge against the company, took payroll data relating to 100,000 employees and published it online. The decision shows that an employer is unlikely to be liable for a malicious data breach committed by an employee, where his/her wrongful conduct is not closely…
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Big blow or lucky escape?

An investigation led by the ICO found that an attacker installed malware on 5,390 tills at Currys, PC World and Dixons Travel stores between July 2017 and April 2018, collecting personal data during the nine-month period before the attack was detected. This hacking campaign was active between July 2017 and April 2018 and resulted in malware being installed on 5,390 Point-of-Sale (POS) systems at Currys PC World and Dixons Travel Stores, owned by DSG Retail…
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The perils of posting on social media

The perils of posting on social media Who doesn’t love social media? We all tweet, post, share, and upload like there is no tomorrow. It allows us to directly reach large audiences and interact with others in real-time. Social media is also fast becoming an important tool for businesses who use it to educate, inform and communicate with the public. But there are things to think about before going on a posting frenzy: 1.    Copyright…
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Do photographers always require signed image release forms?

In short – sometimes they will, sometimes they won’t. The key issues at play are: i)                    does a photograph amount to “personal data”?; and ii)                   did the individual being photographed reasonably expect privacy at the time of the photograph being taken? Let’s look at each in turn: i)                    Most of the time, photographs will be “personal data” provided that an individual can be identified from that image. In fact, any information which can be used…
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An0nym1s3d D4ta

The General Data Protection Regulation, or ‘GDPR’, has finally settled in. As you have no doubt heard, “personal data” lies at the very core of the new regulation, but not all data is considered to be “personal data”. As such, and contrary to popular belief, the GDPR need not apply to certain types of data that business process, provided that such data is collected, stored and processed in the correct way. In essence, “personal data”…
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The Information Commissioner’s Office opens advice line relating to new Data Protection Laws

The new General Data Protection Regulation (GDPR) will come into force on 25 May 2018 and to try to help address the concerns of smaller organisations (e.g. those with fewer than 250 employees), on 1 November, the Information Commissioner’s Office (ICO) began running an advice line. The ICO is the UK regulatory body that is responsible for protecting and enforcing information rights (e.g. it has responsibilities in relation to data protection and freedom of information)…
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IP, Data Protection and the Queen’s Speech 2017

Following the General Election, the Queen’s Speech recently opened the new Parliament and outlined the policies that the Government is to follow for the next two years. Below, we have used the speech to ‘predict’ the future for topics relating to intellectual property and data protection. Data Protection We have covered in various other Briffa blogs how a new EU-wide General Data Protection Regulation (GDPR) is to come into force and apply from May 2018.…
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General Data Protection Regulation – GDPR : coming May 2018

It’s not often that legislation as significant as the General Data Protection Regulation (GDPR) comes into force. The new GDPR is an EU regulation which modernises the legal framework surrounding personal data. The content of the GDPR will likely apply to the UK even after the UK leaves the EU. From 25th May 2018, the regulation will have direct effect in Europe (including the UK). This means that its contents does not need to be…
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Computer motherboard

The data police are coming – new stringent data protection laws will take effect in 2018 – are you ready?

The new, more stringent data protection laws will take effect in 2018. There will be a new set of principles with a greater emphasis on transparency in how you collect and use personal data, as well as increased requirements for security and confidentiality. Two important reasons to pay attention to this now are: Personal data (e.g. customer email addresses) is a valuable marketing tool for many businesses. If you are collecting personal data now and…
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