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Joanna De Fonseka

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In Data Privacy

Podcast Episode 21: Contact Tracing in the United Kingdom

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Joanna de Fonseka, a senior associate in Baker McKenzie’s London office, joins host Brian Hengesbaugh to discuss the use of contact tracing apps in the United Kingdom. Download and listen to learn: Takeaways from the recent guidance from the ICO on contact tracing appsKey privacy considerations as the use of contact tracing apps becomes a reality in the midst of the COVID-19 pandemicDevelopments at the EU level regarding contact tracing apps and mobility data https://open.spotify.com/episode/0jtEkAQeYjZKdZkKp0ewGX…

In Data Privacy

Contact Tracing Apps: UK and EU Authorities Publish Guidance for Industry

by and 14 Mins Read

In the weeks and months ahead, contact tracing technologies will play a critical role in the societal fight against COVID-19, and the quest to restore order. A number of recent developments both in the European Union and the United Kingdom offer insight on the regulatory expectations in the widespread use of location data for this new health policy purpose. In this post, we summarise key points from the following UK and EU regulatory guidance, which…

In Data Privacy

ICO issues Statement on Regulatory Approach during Coronavirus public health emergency

by , and 6 Mins Read

On 15 April 2020 the ICO published a statement on its regulatory approach during the coronavirus pandemic. Recognising that operational and financial pressures caused by the coronavirus may impact organisations’ ability to fully comply with aspects of data protection laws, the ICO has stated it intends to apply an empathetic, “flexible and pragmatic” approach in its enforcement of data protection laws during the crisis, as well as any enforcement under the Freedom of Information Act…

In Data Privacy

Cookies Under E-Privacy Regulation: A Developing Story as Europe is Drifting Apart

by , , , and 8 Mins Read

With a changing digital landscape and emerging data driven technologies, the rules of the Directive on Privacy and Electronic Communications (Directive 2002/58/EC) are in need of updating. The proposed E-Privacy Regulation was intended to address new legal challenges and complement the General Data Protection Regulation (GDPR) in relation to privacy in electronic communications. The first draft of the E-Privacy Regulation was presented in January 2017, with the aim that it would be passed quickly and would apply from May…

In Advertising & Marketing

ICO Issues Record Fine for Nuisance Calls

by and 5 Mins Read

On March 2, 2020, the Information Commissioner’s Office (ICO) issued a lead generator, CRDNN Limited (CRDNN), with a maximum £500,000 fine under the Privacy and Electronic Communications Regulations 2003 (PECR) for making more than 193 million automated nuisance calls.  The full monetary penalty notice can be viewed here. What happened? CRDNN first came to the ICO’s attention due to a significant number of complaints from subscribers regarding large volumes of unsolicited marketing calls marketing a number of…

In Communications & Mobility

European Data Protection Board Publishes Draft Guidelines on Connected Vehicles

by , , , , , and 9 Mins Read

The European Data Protection Board (EDPB) has published its draft guidelines on processing personal data in the context of connected vehicles for public consultation. The Guidelines have a wide reach and will apply to more than just vehicle manufacturers. We have summarised the key points and recommendations from the EDPB in the Guidelines below. The public can provide comments to the EDPB until March 20th, 2020. Thereafter, the EDPB will finalize and adopt the Guidelines,…

In Artificial Intelligence

ICO Publishes Draft Guidance on AI Auditing Framework

by , , and 4 Mins Read

On February 19, 2020 the ICO published its draft guidance on the AI auditing framework for public consultation, which is open until April 1, 2020. We have summarised the key themes below. What is the draft guidance? The draft guidance, which runs to over 100 pages, provides advice and recommendations on how to understand data protection law in relation to artificial intelligence. It clarifies how to assess the data protection risks posed by AI and…

In Data Privacy

Data Protection and Brexit

by and 6 Mins Read

After January 31, 2020 the UK ceases to be a Member State of the European Union and, under the terms of the Withdrawal Agreement agreed between the UK and the EU-27, a transition period applies until December 31, 2020. From a data protection perspective, this has a number of implications. We have summarised the key points below, including what happens after the UK leaves the EU on January 31, the implications for international data transfers,…

In Data Privacy

The Data Protection Download

by and 1 Min Read

It’s the eve of Data Protection Day and we’re pleased to launch a vlog to commemorate – the Data Protection Download. This eries is designed to provide you with a quick snapshot of key recent and upcoming developments in the UK and around Europe. In this month’s edition, Joanna de Fonseka and Bobby Sarkodee-Adoo cover updates on the following:   A-G opinion in Schrems II case, standard contractual clauses ICO steps up fines for data…

In Advertising & Marketing

UK ICO Publishes Draft Direct Marketing Code of Practice for Consultation

by and 3 Mins Read

On January 8, 2020 the ICO published its draft Direct Marketing Code of Practice for public consultation, which is open until 4 March 2020. We are summarized the status of the draft code, the key areas which are new compared to the ICO’s current direct marketing guidance, and the next steps. What is the draft code and its status? The Information Commissioner is required to publish a statutory direct marketing code under the Data Protection…

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