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EU AI Act: What does it mean for employers?
23 April 2024Recruitment, selection, promotion, termination: these key workplace decisions are all considered automatically “high risk” under the EU AI Act. What does this mean in practice? We look at some of the burning questions employers are likely to have on the impact of this legislation.
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EU AI Act:101 – An In-depth Analysis of Europe’s AI Regulatory Framework
28 March 2024In this article, our Data, Privacy & Cyber team provide an in-depth analysis of Europe’s AI Regulatory Framework.
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ICO publishes new guidance on content moderation obligations
06 March 2024On 16 February 2024, the ICO published new guidance on the interplay between content moderation obligations and data protection (“the Guidance”). This is the ICO’s first guidance on content moderation and outlines how data protection law applies to content moderation processes under the Online Safety Act 2023 (OSA) and the possible impacts on people’s information rights.
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ICO publishes new Tech Horizons Report
05 March 2024On 9 February 2024, the ICO published a new Tech Horizons Report, which highlights eight emerging technologies that the ICO considers may have a particularly significant impact on society, the economy and information rights in the next two to seven years.
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Lewis Silkin's Data, Privacy & Cyber Team Watch Outs for 2024!
26 January 2024We all know that things move quickly in the world of data and so to celebrate Data Protection Day 2024, or Data Privacy Day 2024 for those across the pond, we’ve selected ten key themes we think will have the most impact for our clients in the year ahead.
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Explainability and AI: the silver bullet?
17 January 2024Lawmakers faced with rapid advances in AI are turning to the safeguards needed to protect individuals whose interests are affected by AI systems and to build trust in automated decision-making. Building trust in automated outcomes will be much more of a challenge for many years following the revelations which are emerging from the Post Office scandal. Common among these safeguards are auditing, human oversight, effective contestability, transparency and explainability. But what is most likely to be effective?
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FCA fines Equifax £11 million for 2017 data breach - five years after the ICO
25 October 2023This insight provides a summary of The UK’s Financial Conduct Authority’s (“FCA”) fines to Equifax Ltd (“Equifax”) £11,164,400 for failing to manage and monitor the security of UK consumer data it had outsourced to its parent company in the US, following a data breach in 2017.
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UK Government consults on consumer law reform
11 September 2023Even before the Digital Markets, Competition and Consumers Bill (DMCC Bill) completes its passage through the UK parliament, the UK Government is consulting on further consumer law reform. A key purpose of the legislation under review in the consultation is to ensure consumers are provided with timely and relevant information when making decisions.
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Data breaches in Hong Kong: To notify or not?
31 August 2023In July 2023, the Office of the Privacy Commissioner for Personal Data issued a revised guidance note on Data Breach Handling and Data Breach Notifications. The guidance note sets out practical recommendations on how data users can effectively prepare for and manage data breaches.
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Mind-reading tech in the workplace – a good thing, or the end of the world as we know it?
03 August 2023The ICO released its first report on neurotechnology on 8 June: a fast-emerging tech that records and processes data directly from an individual’s brain and nervous system (“neurodata”).
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The end of consent-less tracking by online platforms in the EU?
27 July 2023Like most of the ‘free’ internet, online social media are funded through online advertising that is tailored to individual users’ behaviour and interests. This decision of the CJEU in Case C-252/21 relates to one such platform, Meta, in respect of its online social network, Facebook. It is noteworthy for the advertising industry because it involves a competition authority determining data protection issues, and calls into question whether personalised advertising can be carried out by platforms on a basis other than consent.
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Expanding UK and EU requirements to cyber-secure services and products in the supply chain
24 July 2023While we continue to wait for news from Whitehall on the UK government’s search for a “suitable legislative vehicle” to drive its proposed updates to the Network and Information Systems Regulations 2018 (NIS Regulations), we take a look at why the change is necessary to protect supply chains, what is proposed, and who it will likely affect – the focus being on providers of managed services. We also sum-up other key cybersecurity changes afoot, both in the UK and the EU, affecting participants in supply chains for services as well as hardware and software products.
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AI regulation around the world
13 July 2023As usage of AI by businesses and individuals becomes commonplace around the world, governments are getting to grips with what regulations should be imposed.
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What do we do about our international data transfers following the IDPC’s 22 May 2023 Meta decision?
01 June 2023Further to the news of the long awaited Irish Data Protection Commission’s (“IDPC”) final decision in the Meta international data transfers inquiry, we make short comment below about what businesses (both controller and processor, and everything in between) might, and indeed can, consider doing in response.
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New ICO guidance on SARs for employers – a useful reminder on how to comply
30 May 2023From April 2022 to March 2023, 15,848 complaints related to the right of subject access were reported to the Information Commissioner’s Office (ICO). Elanor McCombe, Policy Group Manager at the ICO, singles out employers as some of the main culprits – either misunderstanding the nature of subject access requests (SAR), or underestimating their importance.
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Ali Vaziri comments on the concerns about the growing abilities of chatbots for The Guardian
09 April 2023Concerns are growing about the privacy risks of using AI chatbots, including OpenAI's GPT-4.
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Use of personal data in litigation and the legal proceedings exemption
23 March 2023A recent decision has applied a wide interpretation of the legal proceedings exemption in the context of use of a non-party’s personal data in the Employment Tribunal.
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Monitoring Employees’ Office Attendance in a Post Covid World: A Worldwide Issue – Key Data Privacy Issues
17 March 2023With different offices having been in or out of lockdown or experiencing varying degrees of restrictions, it has been near impossible for managers with direct reports in multiple locations to monitor their team’s compliance with whatever post-Covid return to the office policy a business might have (“RTO Policy”).
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“Eight drivers of change – 2022 and beyond” (By James Davies, Lewis Silkin LLP)
22 November 2022Last year James Davies published a report the Eight Drivers of Change – the future of work for the Future of Work Hub. It identified eight key drivers of change in society as a whole, and in the workplace in particular. It considered how these interconnected drivers were accelerating change at an unprecedented scale and speed and how these changes were influencing the what, where, from where, when, how, how much/many, who and why of work.
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Is it light at the end of the (transfer) tunnel? US “Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities” (and other matters)
26 October 2022On 7 October 2022 there were two significant announcements in the world of international data transfers.