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There have been a number of EU and UK developments affecting transfers of personal data. We summarise the key ones below and set out some practical steps to take in light of these developments. Any organisation which transfers personal data to or from the EU27 will need to work out what changes are required to address these new developments. We won’t have full clarity until the European Commission and EDPB finalise their current drafts but…

On Christmas Eve the UK and the EU concluded a Trade and Cooperation Agreement in principle.We’ve set out the key points from a data protection perspective below.The key take away is that transfers of personal data from the EEA to the UK can continue without safeguards for a period of up to six months from the end of the transition period while the European Commission considers whether to adopt an adequacy decision in respect of the…

On 18 December 2020, the UK House of Lords Liaison Committee on AI published a new report, AI in the UK: No Room for Complacency.  The report considers the UK government’s progress against the recommendations made by the Select Committee on AI in their 2018 report, AI in the UK: ready, willing and able? The report contains a series of new recommendations covering public understanding of AI, use of data, ethics, public trust and regulation, jobs and…

NHSX recently launched a brand new information governance portal, providing a ‘one-stop shop’ for NHS policies and guidance. The new portal covers everything from GDPR in research to records management. But even with the new portal, navigating NHS guidance on data isn’t easy. We’ve picked out 6 essential items to have on your radar if your organisation accesses or uses NHS data: 1. The Caldicott Principles The Caldicott Principles apply to the use of confidential…

Last week the UK Government introduced the Telecommunications (Security) Bill to Parliament, which would give the Government new powers to control telecommunications providers thought to present a security risk, and to implement the UK ban announced earlier this year on the installation of equipment from Huawei and high risk vendors in 5G networks from the end of September 2021. These new rules will directly impact public telecoms providers (public electronic communications networks and services -…

The UK Intellectual Property Office (UKIPO) has recently launched a new service called Trade Mark Pre-Apply. This is a new online tool which uses AI powered checks and searches to help people who have not applied for a trade mark before and who have little or no knowledge of the application process, to improve their chances of successfully registering a trade mark. The aim for the UKIPO is to bring some cost and resource saving…

The recent judgment of the High Court of England and Wales in the DABUS case ([2020] EWHC 2412 (Pat)) has made one thing abundantly clear. For now at least, an AI machine cannot be construed as an inventor within the meaning of the Patents Act 1977. However, this arguably raises more questions than it answers. Is it time, in light of the increased advent of AI in technological development, that this position is reviewed? The…

The UK’s National Data Guardian for Health and Social Care (NDG) is carrying out a consultation seeking views on proposed revisions to the seven Caldicott Principles. The consultation is open until 3rd September. We’ve set out a summary of 4 key changes proposed in the NDG’s consultation paper. What are the Caldicott Principles? In 1997, Dame Fiona Caldicott chaired a committee which produced a report containing six principles on patient confidentiality after reviewing the transfer…

On 8 June 2020 the UK Government published its response to the Department for Digital, Culture, Media and Sport (“DCMS”) Select Committee’s report on Immersive and Addictive Technologies (“Report”). The response sets out the Government’s next steps regarding issues identified in the Report, which will be relevant for companies in the video games sector as well as those involved with immersive technologies. This could result in increased regulation in certain areas. For example, the outcome…

NHS AI Lab has released a short buyer’s checklist to guide organisations through procuring AI solutions. It’s been published in light of COVID-19 – the pandemic presents a huge opportunity to accelerate the uptake of innovative digital solutions at scale. In the UK, healthcare organisations are receiving multiple proposals for AI healthcare applications. This could ease the burden on hospitals facing enormous demands on time and clinical resource. The guide focuses on providing assurance that…