What changes GDPR will bring?

While some tend to portray new European Union (EU) General Data Protection Regulation (“GDPR”) as menacing Apocalypse coming from nowhere, fact is that GDPR is an “upgrade” of existing EU data protection laws. EU Data Protection Directive (Directive 95/46/EC) was adopted already in 1995. In some countries – like Germany and Sweden – data protection laws were introduced even much earlier – in 1970s and 1980s.

GDPR keeps the basic principles of Data Protection Directive and ads new “layer” to it, aiming to unify data protection in all EU countries and bring more rights and control over data use back to individuals. In fact, GDPR incorporates guidance of data protection authorities and best practice in data protection. There almost nothing in GDPR that wouldn’t already exist somewhere. For example, data protection by design and by default principle originated back in 1980s, data protection officers already are mandatory requirement in Germany, and breach notification exist in communication sector for years.

But let’s look what exactly are the changes GDPR brings us.

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French GDPR Implementation Bill – for French Data Protection Authority (“CNIL”) it could not come soon enough!

If you are a regular reader of the dataprotection.blog, you probably already have a high level understanding of the EU General Data Protection Regulation, otherwise known as the “GDPR”.

The development of the digital era has forced us to rethink the framework that is applicable to personal data.
– French Minister of Justice, Nicole Belloubet, 13th December 2017

As you may be aware, the Member States are slowly but surely debating implementing legislation in order to transpose the GDPR into national law, in accordance with their own procedural requirements. France is no exception. As such, on 13th December 2017, Nicole Belloubet, the Minister of Justice presented the bill which sets out how France shall implement the provisions of the GDPR into existing French Data Protection Law to the French Council of Ministers.

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Paper on encryption workarounds and human rights

On 12 September, European Digital Rights (EDRi) – an association of civil and human rights organisations from across Europe – published the position paper “Encryption Workarounds: a digital rights perspective”. Paper was published as a response to the European Commission’s expert consultation exercise around the Encryption Workarounds paper by Orin Kerr and Bruce Schneier.

EDRi’s position paper describes ways law enforcement authorities can use to access encrypted data within the framework of their investigations.

Download paper

Read also:

Latest papers on privacy and data protection – June

Recommendations for Implementing Transparency, Consent and Legitimate Interest under the GDPR

Centre for Information Policy Leadership (CIPL) published its paper on transparency, consent and legitimate interest under the GDPR.

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Designing Without Privacy

This Article presents findings from an ethnographic study of how, if at all, technologists doing the work of technology product design think about privacy, integrate privacy into their work, and consider user needs in the design process.

Access paper

Privacy and Human Behavior In the Age of Information

This review summarizes and draws connections between diverse streams of empirical research on
privacy behavior.

Read the review

User-Centered Privacy Communication Design

This paper describes a user-centered privacy policy design project at Stanford Legal Design Lab aimed to generate new models of business-to-consumer communications around data privacy.

Read paper

Internet of Things. Status and implications of an increasingly connected world.

US Government Accountability Office (GAO) released a technology assessment of the Internet of Things (IoT) for Congressional members of the IoT Caucus.

Read assessment

Latest papers on privacy and data protection – May

Kaleidoscope on the Internet of Toys

Report by the Joint Research Centre (JRC) on safety, security, privacy and societal questions emerging from the rise of the Internet of Toys – “Internet Connected Toys that constitute, along with the wave of other domestic connected objects, the Internet of Things”.

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Who Watches the Watchers?

Report from Citi GPS: Global Perspectives & Solutions on how consumers are tracked, and how the data that is collected and analyzed, and how consumers feel about that.

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Practical Guide to Efficient Security Response

Whitepaper on data breaches with proposals how to decrease response time. It includes seven security operations capabilities you need, a handy checklist to evaluate your security operations capabilities, and best practices for efficient security response.

Download whitepaper

Assessing Mobile App Data Privacy Risk

paper on mobile-risk scoring and how to do that in practice. It was carried out by IAPP and Kryptowire and is based on input of 400 privacy professionals.

Read summary of paper

UN Report on Governmental Surveillance

UN Special Rapporteur on the Right to Privacy, Joseph Cannataci, presented his report on governmental surveillance and access to personal data from a national and international perspective.

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How  to Talk About the Right to Privacy at the UN

A brief guide on United Nations stand on privacy. Guide is prepared by Privacy International.

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Be Compromise Ready: Go Back to the Basics. 2017 Data Security
Incident Response Report

Survey on data security and incident response trends, and how to minimise data breach risks.

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Annual Report of the Data Protection Commissioner of Ireland

Annual report of the Data Protection Commissioner of Ireland for yer 2016.

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Certifications, Seals and Marks under the GDPR and Their
Roles as Accountability Tools and Cross-Border Data Transfer
Mechanisms

Discussion paper on Certifications, seals and marks under the GDPR prepared by Centre for Information Policy Leadership. It looks at regulation provided in GDPR and benefits of such mechanisms.

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Recent ICO guidances and feedback requests on GDPR

Recently UK Information Commissioner Office (ICO) published several GDPR guidances and requests for public feedback.

Guidance on consent

In March ICO published draft guidance on consent under the EU GDPR. Guidance was opened for public feedback till March 31, and ICO now aims to publish this guidance in May 2017.

Our guidance on consent explains our recommended approach to compliance and what counts as valid consent. It provides practical help to decide when to rely on consent, and when to look at alternatives. It also explains the key differences with the DPA and gives advice about existing DPA consents.

Reed the feedback on ICO’s guidelines:

Feedback request on profiling and automated decision-making

In April ICO published its feedback request on profiling and automated decision-making. It represents ICO’s initial thoughts on certain aspects of profiling in the GDPR, however, ICO warns, it should not be interpreted as guidance. Responses will help to form ICO’s contribution to the WP29 guidelines that will be published later this year.

The discussion paper published today highlights the key areas of profiling we feel need further consideration. This includes subjects like marketing, the right to object and data minimisation – and we want your feedback. We’d like to hear the views of our stakeholders and get examples of best practice before 28 April 2017.

Call for Feedback on GDPR derogations

ICO has published its call for feedback on derogations under GDPR.

For all derogations, stakeholders are encouraged to submit their views through the online ‘Call for Views’, uploading research and/or data where relevant. This exercise is to capture views on if and how the government should implement the defined flexibilities permitted within the GDPR.

Consultation closes at midday on 10 May 2017.

Update on paper on big data

In March ICO published updated version of paper on big data, artificial intelligence and machine learning. This paper sets out the ICO’s views on issues and how they relate to the GDPR.

CNIL launches GDPR consultation

On February 23, 2017, the French Data Protection Authority CNIL launched a public online consultation on three topics – consent, profiling and data breach notification – regarding the implementation of the EU General Data Protection Regulation (“GDPR”). Those are the same topics earlier this year identified by Article 29 Working Party in its Action plan

With this consultation CNIL aims to collect specific questions regarding the GDPR, potential difficulties in interpreting the GDPR, and examples of best practices. Responses will be also used in Article 29 Working Party discussions.

 

Commission launches consultation on ENISA

European Commission has launched public consultation on the evaluation and review of the European Union Agency for Network and Information Security (ENISA, whose current mandate will come to an end in 2020). ENISA is the Agency of the European Union tasked with contributing to the enhancement of the overall level of cybersecurity of the EU and its Member States.

The European Commission wants all interested stakeholders to share their views on ENISA’s past performances, as well as on a possible revision of its mandate in view of new challenges the EU faces in the cybersecurity field.

The consultation is open until 12 April 2017.

More information

New GDPR guidelines on consent, profiling, breach notification and data transfers to be issued in 2017

The Article 29 Working Party (WP29), a consultative body made up of all the national data protection authorities in the EU, in 2017 will issue new guidelines on General Data Protection Regulation (GDPR). First ones to issue will cover profiling, breach notification and data transfers. WP29 will also issue guidance on transparency, high risk processing, certification and application of administrative fines under the GDPR.

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