Worldwide: Data Protection Round Up - January 19, 2016

Last Updated: 20 January 2016
Article by Mark Williamson

This the first of our monthly Data Protection round ups covering topics for the start of 2016.

Data Protection Regulation Workshops

Following approval by the EU institutions in tripartite negotiations in December, we are awaiting agreement of the final text of the General Data Protection Regulation, expected in the coming months. We are planning to run a series of workshops on the Regulation in the course of 2016. If you would be interested in attending, please contact us.

Telegraph fined for Election Day email campaign

In the first action of its kind taken against a newspaper, the ICO has fined Telegraph Media Group GBP 30,000 for urging its online subscribers to vote Conservative in the 2015 General Election, in breach of direct marketing rules. It announced last month that the paper had fallen foul of regulations by including a letter from Editor Chris Evans within a daily news bulletin service on 7 May 2015.

Under the Privacy and Electronic Communications (EC Directive) Regulations 2003, a recipient of direct marketing emails or SMS messages is automatically deemed to have opted out of receiving such marketing messages. The Regulations, which sit alongside the Data Protection Act 1998, require direct marketers to obtain an individual's consent to being contacted for the purpose of marketing.

In the case of the Telegraph, the ICO decided that the editor's unsolicited e-mail campaign constituted direct marketing which subscribers had not consented to receive along with their usual service. While the editorial content of newspapers may often display political bias, the ICO said in its press release, the letter from Mr Evans had "crossed a line".

Privacy campaigner Tim Turner, writing on his 2040 Information Law blog, said the fine was evidence that the ICO was "losing its appetite for DP enforcement". He pointed to another recent case in which the ICO issued a fine of £250 to patient support group the Bloomsbury Patient Network after it disclosed the identities of HIV patients through an email error. It comes as the EU begins the process of finalising the new General Data Protection Regulation, which paves the way for maximum civil monetary penalties (CMPs) of up to £15 million or 4% of global turnover.

ICO's warning to EU Referendum campaign groups

As the UK gears up to hold a vote on its continued membership of the EU perhaps as early as June, would-be campaign groups have been warned they must comply with the Privacy and Electronic Communications (EC Directive) Regulations 2003 in any email or mobile communications with the public. The ICO said on its blog last week that groups must register as data processors and comply with certain basic principles, including requirements to clearly identify the organisation when sending marketing messages, and to contact only those individuals who have consented to receive marketing messages from that specific organisation.

Apple calls for rethink over UK Investigatory Powers bill

Apple has expressed concerns that draft legislation currently before the UK Parliament may leave its customers' personal data more vulnerable. The technology firm told a parliamentary committee last month that the so-called Snoopers' Charter, which places IT and communications companies under a duty to assist security agencies worldwide and requires them to hold onto communications records, could prevent it from using robust encryption on its messaging service.

Apple also highlighted the territorial scope of the draft bill, which it fears amounts to a legal requirement to help security agencies hack into its own devices regardless of which country the device is in. This could lead to situations where companies are caught between conflicting legal duties where a UK warrant overlaps with a regulatory regime in the host state.

Ireland: new advice on drones and body-worn cameras

Ireland's data protection office has issued separate guidance on unmanned aerial vehicles (drones) and body-worn cameras, in response to increasing use of both for private recreational, commercial and law-enforcement purposes. Users are reminded that any activity that results in personal data being collected potentially engages Ireland's Data Protection Act(s). For example, where drones are being used for specific purposes (such as aerial photography or journalism), the data controller must do as much as possible to notify the public of any risk that their data may be collected, and of their intention to share it with third parties. The guidance on drones can be accessed here. The requirement to notify the public is also one of the main considerations raised by the guidance on body-worn cameras, which can be accessed here. The latter should be read in conjunction with existing guidance on CCTV.

EDPS issues new guidance on eCommunications and mobile devices

The European Data Protection Supervisor (EDPS) has published two new pieces of guidance on the use of electronic communications (eCommunications) and mobile devices. Assistant EDPS Wojciech Wiewiorowski said in a press release earlier this month that the guidelines offered practical advice in applying data protection principles such as those enshrined in the Data Protection Act 1998 to digital communications. Both areas required specific advice due to the complex and fast-evolving nature of communications technology, he added.

The guidance, which supports EU Regulation 45/2001, may be of particular assistance to employers with regard to telephone, internet and mobile devices used by their employees. Areas covered by the eCommunications guidelines include:

  •  Billing and management of communications services;
  •  Monitoring of or access to emails in the employee's absence; and
  •  Disciplinary proceedings

The Mobile Devices guidelines deal with the processing of personal data created in relation to employees using mobile devices, as well as advice on acceptable-use policies.

Delaware: Companies selling on the internet must display privacy policies

The US state of Delaware, which is home to many globally-recognised businesses, now requires privacy policies to be prominently displayed on commercial websites that collect "personally identifiable information" (PII). The new rules are contained in the Delaware Online Privacy and Protection Act (DOPPA), which came into force on 1 January. Under DOPPA, issues that must be addressed by policies include: the categories of PII that will be collected from users; and third parties with whom this data may be shared. The term "PII" can refer to both personal data and sensitive personal data as defined by the Data Protection Act 1998.

China insists on right to set its own internet laws

China's President has used an address to a world internet conference, hosted in the city of Wuzhen, to defend the country's right to set its own limits on internet freedoms. In comments that were live-tweeted by the state news agency Xinhua, Xi Jingping said: "Freedom is what order is meant for, and order is the guarantee of freedom. We should respect internet users' rights to exchange ideas and express their minds and we should also build good order in cyberspace in accordance with law as it will help protect the legitimate rights and interests of all internet users."

Delegates at the conference centre had access to a host of sites from which China's 670m internet users are blocked, including Twitter, Facebook and Wikipedia.

The conference was being held as a prominent civil rights lawyer stood trial in Beijing in what is being described as a landmark freedom of speech case. Pu Zhiqiang faces eight years in prison for publishing posts that criticised the Communist Party on a social networking site.

To view the original article, please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions