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The UK Information Commissioner (ICO) was reportedly set to sound a note of caution recently, at Politico’s Global Tech Day, regarding the potential privacy risks that can arise in the context of generative artificial intelligence (AI).  

Privacy risks of generative AI

While acknowledging the potentially significant advantages and benefits that generative AI can bring, both to organisations and society more generally, the ICO’s Exec Director of Regulatory Risk, Stephen Almond, was expected to reiterate to businesses the need to consider the potential data protection issues around generative AI, noting that ensuring the compliance of such technologies with applicable data protection laws needs to be robustly scrutinised.Continue Reading UK Information Commissioner Warns of Privacy Risks Around Generative AI

The debate concerning the UK’s controversial Online Safety Bill (OSB) has continued to rumble on in recent days, with the UK Government reportedly again being warned that there is a real risk that certain messaging apps could be withdrawn from the UK if compromises cannot be reached on a number of issues.  

The OSB, which is currently being debated in the House of Lords, aims to increase the responsibility of social media platforms for their users’ safety.  It is intended to protect both children and adults in various ways.  Continue Reading Controversy around the UK’s Online Safety Bill continues

A number of encrypted messaging services have signed an open letter calling on the UK Government to reconsider various aspects of the Online Safety Bill (OSB) pending its final reading in the House of Lords, over concerns that the bill could threaten end-to-end encryption.

End-to-end encryption currently delivers a strong level of security for electronic messages, meaning that messages can only be read on the apps of the sender and intended recipient.  Continue Reading Messaging Apps Call for Re-evaluation of the Online Safety Bill

The United Kingdom and the United States joined forces last week in an initiative to combat ransomware attacks by sanctioning seven Russian nationals believed to be members of a hacking network.  Together with U.S. authorities, the UK’s Foreign Office has reportedly identified the individuals in question, frozen their assets and imposed travel bans in respect of them.

Ransomware is a type of malware that typically renders systems or data inaccessible, often due to the encryption of files.  Devices are often locked, and data may be leaked, in addition to being encrypted or deleted, unless and until the victim pays a “ransom” to the actors who deployed the ransomware in return for decryption. Continue Reading UK Takes Action Over Cybercrime

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The new approach to regulatory and enforcement action adopted by the UK Information Commissioner’s office (ICO) looks set to continue in 2023. The ICO has indicated recently that it is modifying its attitude towards regulatory action in respect of public sector organisations. It has also noted that enforcement does not necessarily equate to fines, but includes various other “corrective powers,” including warnings, reprimands, compliance orders, limitation orders, erasure of data and suspension of data flows.

Going forward, the ICO intends to regulate for outcomes rather than outputs, observing that the number or level of fines should not be used as a yardstick by which to judge the ICO’s success and that achieving preferential outcomes and publicising these may have a more significant impact on UK citizens’ rights than monetary penalties might achieve.

Continue Reading UK Information Commissioner’s Office Highlights New Strategic Approach to Regulatory Action

In news that is likely to concern individuals and privacy activists alike, it has been reported that the NHS booking system for COVID-19 vaccinations has led to complaints that it could be used to reveal the vaccination status of individuals through the use of simple personal information.

The website allows users to book appointments for COVID-19 vaccinations, either by means of their NHS number, or by entering certain basic personal data, (including names, dates of birth and postcodes).  The website then provides a variety of responses based on the user’s vaccination status, with different responses being provided based on whether the individual has received no vaccinations, one vaccination, or both.
Continue Reading COVID-19 Vaccination Booking Site May Reveal Vaccination Status

The European Commission (EC) may be set to propose extensive new legislation – potentially later this week – which, among other things, would ban the use of facial recognition technology for surveillance purposes and the use of algorithms that influence human behavior, according to recently leaked draft documents. The proposals would also introduce new rules regarding high-risk artificial intelligence (AI).

Although the use of AI systems is regarded as beneficial in many areas of society, use of AI in some contexts can be controversial. For example, the use of algorithms in the context of employment-related decision-making, allegedly based solely on automated personal data processing, including profiling, has recently been challenged under the GDPR in the Dutch courts, although this decision is likely to be contested.
Continue Reading EU Proposals May Limit the Use of Artificial Intelligence

In encouraging news for UK-based organizations involved in the processing of personal data, the European Data Protection Board (EDPB) has adopted two Opinions on the draft UK adequacy decisions which, if approved, would allow the transfer of personal data from the European Economic Area (EEA) to the UK to continue freely.

The first Opinion (Opinion 14/2021) relates to the GDPR and considers general data protection issues and also government access to personal data transferred from the EEA for national security and law enforcement purposes set out in the draft adequacy decision. The second Opinion (Opinion 15/2021) relates to the Law Enforcement Directive (LED) and considers various issues.
Continue Reading European Data Protection Board Adopts Two Opinions on Draft UK Adequacy Decisions

remote workThe UK Information Commissioner (ICO) has launched a new toolkit for organizations which are planning to use personal data for data analytics as part of the ICO’s priority work on artificial intelligence (AI).

The toolkit outlines some important personal data protection considerations which organizations should take into account at the beginning of any scheme involving such personal data processing and follows the ICO’s recent publications ‘Explaining decisions made with AI’ and ‘Guidance on AI and data protection’.
Continue Reading UK Information Commissioner Launches Data Analytics Toolkit

The debate surrounding vaccine passports to assist with the easing of lockdown restrictions and controlling the spread of COVID-19 continues to raise a number of concerns in the UK.

Although the use of such passports is apparently under consideration, such proposals raise a number of different ethical, scientific and legal issues. A recent Royal Society report sounded a note of caution, suggesting that 12 tests should be met by any such proposal. Among other things, vaccine passports would need to meet various ethical and legal standards, including in respect of data protection.
Continue Reading Possible Use of COVID Vaccine Passports Raises Data Protection Concerns