Cookiebot publishes „Ad Tech Surveillance on the Public Sector Web“

20. March 2019

The website Cookiebot recently published a report of its “Ad Tech Surveillance on the Public Sector Web”. They used their scanning technology to analyse tracking across official government websites and public health service websites in all 28 European Union member states. More than 100 advertising technology companies track EU citizens who visit those public sector websites by gaining access through free third-party services such as video plug-ins and social sharing buttons.

Said ad trackers were found on 25 out of the 28 official government websites in the EU. Only the Dutch, German and the Spanish websites had no commercial trackers. Most of them were found on the French website (52 trackers) followed by the Latvian website (27 trackers).

Cookiebot also investigated the tracking on Public Health Service Sites and found out that 52% of landing pages with health information contained ad trackers. The worst ranked one was the Irish health service with 73% of landing pages containing trackers. The lowest ranked country – Germany – still hat one third of its landing pages held trackers.

Those trackers got in via free third-party website plugins. For example, Ireland’s public health service (Health Service Executive (HSE)) installed the sharing tool ShareThis, which is like a Trojan horse and lets more than 20 ad tech companies into every website.

Most of the tracking tools are controlled by Google. It controls the top three domains found and therefore tracks the visits to 82% of the main government websites of the EU. A complete list of all the trackers can be find in the published report.

Draft of a new data protection law in Thailand

15. March 2019

Thailand’s National Legislative Assembly approved and endorsed a draft of a new data protection law called Personal Data Protection Act (PDPA).The legislative process will be completed within the next weeks. The process includes that the draft will be submitted for royal endorsement and publicated in the Government Gazette.

The draft provides an one year period for implementation of the new requirements. This grace period should help the business operaters to prepare and implement the new obligations.

The draft of the PDPA has followed and replicated the provisions of the European General Data Protection Regulation (GDPR) to demonstrate that Thailand has an adequate level of data protection. This is necessary for the adoption of an adequacy decision of the European Commission. The adequacy decision requires that the exchange of personal data is based on strong safeguards in regard of EU standards. In case the  European Commission adopts an adequacy decision, as they recently did with Japan, the data flows to Thailand as a third country in terms of the GDPR will be much easier for European companies.

GPEN publishes annual Sweep

14. March 2019

On May 9th, 2019, the „GPEN“(„Global Privacy Enforcement Network“) shared its “2018 Sweep”, an annual intelligence gathering that looked at how well organisations have implemented data privacy accountability into their internal privacy policies and programmes.

GPEN is a global network of more than 60 data protection agencies. The 2018 Sweep was a collaboration between  New Zealand’s (New Zealand Office of the Privacy Commissioner, “OPC”) and  UK’s (UK Information Commissioner’s Office, “ICO”) data protection authorities and was carried out by several data protection authorities across the globe.

The participating authorities reached out to 667 companies with a set of pre-determined questions that focus on key elements of responsible data protection. Those elements were:

  • The importance of internal policies and procedures for data governance;
  • Training and awareness;
  • Transparency about data practices;
  • The assessment and mitigation of risk;
  • Incident Management.

Of the 667 organisations contacted, only 53% (356) provided substantive responses and a large point of those had appointed an individual or a team to ensure compliance with relevant data protection regulations.

The 2018 Sweep shows that many organisations are quite good at providing data protection training to their employees but companies have to ensure that those training are offered to all employees and happen on a regular basis. It was also found that several organisations have processes in place on how to deal with data subject complaints and how to handle data breaches.

Overall, most organisations are aware of data protection and have a good understanding of it. Nevertheless, they have to make sure that they have clear policies and procedures in place and monitor their performance regarding the relevant laws and regulations.

Brexit: Deal or “No-deal”

12. March 2019

Yesterday evening, shortly before the vote of the UK parliament on the circumstances and if necessary a postponement of the Brexit, Theresa May met again with Jean-Claude Juncker in Strasbourg. Both sides could agree on “clarifications and legal guarantees” regarding the fall-back solution for Northern Ireland.

These (slightly) expand the United Kingdom’s (UK) opportunity to appeal to an arbitration court in the event that the EU should “hold the UK hostage” in terms of the membership of the customs union by means of the Backstop-Clause beyond 2020. This “legally binding instrument”, as Juncker said, intends to clarify that the Backstop-Clause on the Irish border is not to be regarded as a permanent solution. This shall also be confirmed in a joint political declaration on the future relations between the two sides. However, the wording of the complementary regulation is legally vague.

May is nevertheless confident that the British Parliament will approve the “new” agreement to be voted on tonight. Meanwhile Jeremy Corbyn, Labour Party leader, has announced and urged to vote against the agreement. In any case, Juncker has already rejected further negotiations on adjustments to the current version of the withdrawal agreement, emphasizing that there will be no “third chance”. By 23rd May, when the EU elections begin, the Kingdom shall have left the EU.

The vote on “how” and “when” of the Brexit will be taken in the next few days, starting tonight at 8 p.m. CET. If the withdrawal agreement will be rejected again today, the parliament will vote on a no-deal Brexit tomorrow (the UK would then be a third country in the sense of the GDPR as of 30th March). In case this will also be rejected, on 14th March the parliament will eventually vote on a delay of the Brexit date. A postponement could then lead to a new referendum and thus to a renewed decision on the question of “whether” a Brexit will actually take place.

Category: EU · GDPR · General · UK
Tags:

Dutch DPA: Cookie walls do not comply with GDPR

11. March 2019

The Dutch data protection authority, Autoriteit Persoonsgegevens, clarified on 7th of March 2019 that the use of websites must remain accessible when tracking cookies are not accepted. Websites that allow users to access only if they agree to the use of tracking cookies or other similar means to track and record their behavior do not comply with the General Data Protection Regulation, GDPR.

The Dutch DPA’s decision was prompted by numerous complaints from website users who no longer had access to the websites after refusing the usage of tracking cookies.

The Dutch DPA noted that the use of tracking software is generally allowed. Tracking the behaviour of website users, however, must be based on sufficient consent. In order to be compliant with the GDPR, permission must be given freely. In the case of so-called cookie walls the user has no access to the website if he does not agree to the setting of cookies. In this way, pressure is exerted on the user to disclose his personal data. Nevertheless, according to the GDPR a consent has not been given voluntarily if no free or no real choice exists.

With publication of the explanation the Dutch DPA demands organizations to make their practice compliant with the GDPR. The DPA has already written to those organisations about which the users have complained the most. In addition, it announced that it would intensify its monitoring in the near future in order to examine whether the standard is applied correctly in the interest of data protection.

EDPB publishes information note on data transfer in the event of a no-deal Brexit

25. February 2019

The European Data Protection Board has published an information note to explain data transfer to organisations and facilitate preparation in the event that no agreement is reached between the EEA and the UK. In case of a no-deal Brexit, the UK becomes a third country for which – as things stand at present – no adequacy decision exists.

EDPB recommends that organisations transferring data to the UK carry out the following five preparation steps:

• Identify what processing activities will imply a personal data transfer to the UK
• Determine the appropriate data transfer instrument for your situation
• Implement the chosen data transfer instrument to be ready for 30 March 2019
• Indicate in your internal documentation that transfers will be made to the UK
• Update your privacy notice accordingly to inform individuals

In addition, EDPB explains which instruments can be used to transfer data to the UK:
– Standard or ad hoc Data Protection Clauses approved by the European Commission can be used.
– Binding Corporate Rules for data processing can be defined.
– A code of conduct or certification mechanism can be established.

Derogations are possible in the cases mentioned by article 49 GDPR. However, they are interpreted very restrictively and mainly relate to processing activities that are occasional and non-repetitive. Further explanations on available derogations and how to apply them can be found in the EDPB Guidelines on Article 49 of GDPR.

The French data protection authority CNIL has published an FAQ based on the information note of the EDPB, explaining the consequences of a no-deal Brexit for the data transfer to the UK and which preparations should be made.

Brexit: Authorities will enforce unlawful data transfers

It seems very likely that the UK will leave the EU under a “no-deal” Scenario and become a third country in terms of data protection. Beside the fact that in the absence of an adequacy decision each transfer of personal data between the EU and the UK will need to be appropriately safeguarded, UK companies making business in the EU may have to designate an EU representative. In addition, according to the GDPR, companies concerned with the cross-border transfer of personal data obtained within the area of the EU will need to consider specific documentation and information obligations.

As the UK and the EU could not even agree on a transition period yet, all these data protection obligations are required to be in place as of the 30th March, 00:00 h (CET). The data protection authorities of the EU already announced that they will not grant a transition period regarding the required data protection measures and actions pursuant to the GDPR that need to be taken. The unlawful transfer or processing of personal data to or within the UK will thus not be tolerated by the EU supervisory authorities as of day one after BREXIT. Bearing this in mind, first and foremost, the EU Commission’s Standard Contractual Clauses should be in place if there is no other appropriate safeguard, e.g. Binding Corporate Rules (BCR), existent to ensure the lawfulness of the transfer of EU personal data.

If not yet done, now is the time to think about the required steps and develop a “BREXIT data protection strategy” in order to be compliant with the GDPR when the UK leaves the EU under a “no-deal” BREXIT.

Category: General

Massive data breach in Sweden: Millions of Health Hotline Calls exposed online

22. February 2019

Recently around 2.7 million sensitive phone calls were uncovered by Swedish technology news site Computer Sweden. In total, 170,000 hours of conversation were available online on an unencrypted web server. The server had no login mechanism so the recorded calls could be accessed freely.

Sweden operates a national health advice line (1177), which is run by Swedish company Medhelp. For out-of-hour calls they subcontract with a Thailand-based firm called Medicall. According to repords, most of the uncovered calls were made outside the regular times and therefore answered by Medicall. A request from the BBC left Medicall unanswered.

The uncovered data is extremely private as People usually call 1177 seeking medical advice, talking about their symptoms, their kids’ illnesses and giving out their social security number.
The Swedish Data Protection Authority is currently investigating the case.

Australia: Parliament and Parties hacked

18. February 2019

Prime Minister Scott Morrison reports that the governing Liberal Party of Australia and the governing National Party of Australia as well as the strongest opposition party, Labor Party were the target of an cyber attack on Parliament’s server. It is assumed that the server was attacked by a foreign government. Not affected by the breach were the ministers an their offices because they operate on different computer servers.

The attack was discovered on the 8th of February 2019 during an investigation of a breach of Parliament House’s computer. According to the statement of the nation’s chief cyber security adviser, Alistair MacGibbon, who is the head of the Australian Cyber Security Centre, it is too early to tell whether and what information the hackers had accessed.

At the moment, election influences of the upcoming nationwide elections can be excluded.

As a first measure the security agency reset passwords after detecting the breach so that the politicians and their staff lost access to their emails.

 

The European Data Protection Board presents Work Program for 2019/2020

14. February 2019

On February 12, 2019 the European Data Protection Board (EDPB) released on their website a document containing a two-year Work Program.

The EDPB acts as an independent European body and is established by the General Data Protection Regulation (GDPR). The board is formed of representatives of the national EU and EEA EFTA data protection supervisory authorities, and the European Data Protection Supervisor (EDPS).

The tasks of the EDPB are to issue guidelines on the interpretation of key ideas of the GDPR as well as the ruling by binding decisions on disputes regarding cross-border processing activities. Its objective is to ensure a consistent application of EU rules to avoid the same case potentially being dealt with differently across various jurisdictions. It promotes cooperation between EEA EFTA and the EU data protection supervisory authorities.

The EDPB work program is based on the needs identified by the members as priority for individuals, stakeholders, as well as the EU legislator- planned activities. It contains Guidelines, Consistency opinions, other types of activities, recurrent activities and possible topics.

Furthermore, the EDPB released an information note about data transfers if a no-deal Brexit occurs. As discussed earlier, in this case the UK will become a so-called “third country” for EU member countries beginning from March 30. According to the UK Government, the transfer of data from the UK to the EEA will remain unaffected, permitting personal data to flow freely in the future.

Pages: 1 2 3 4 5 6 7 8 9 10 ... 31 32 33 Next
1 2 3 33