Worldwide: Global Data & Privacy Update - July 2017

Welcome to the July Global Data & Privacy Update. This update is dedicated to covering the latest legislative developments affecting the way data is managed and protected, as well as reporting on the most recent news governing data breaches and industry developments.

Article 29 Working Party guidance on employee monitoring

The Article 29 Working Party has adopted an opinion, which provides guidance on the processing of employee personal data. The opinion has been released to give guidance on the significant challenges to privacy and data protection created by the proliferation of new technologies that enable more systematic processing of employees' personal data at work.

Generally, the opinion emphasises that consent should not be used by employers as a legal basis for processing employee personal data unless employees can genuinely refuse to give their consent without adverse consequences.

It also provides guidelines for different scenarios where employee monitoring might be used. An interesting example discussed in the opinion is the use of social media profiles in recruitment. The paper states that employers should not presume they can inspect a candidate's social media profile, even where it is publically available. Employers need to consider, if there is an appropriate legal basis to process data, whether the profile is for business or private purposes and if the data is necessary and relevant to the performance of the job. It also recommends that the data is deleted as soon as an offer of employment is either not made or rejected, and that individuals should be informed of this type of processing before the recruitment process is started.

Click here to open the Article 29 Working Party website from which the opinion can be downloaded.

ICO International Strategy 2017 - 2021

The Information Commissioner's Office (ICO) has published its international strategy for the next four years, recognising that to effectively protect the UK public's personal information in a digital global environment, the ICO needs to co-operate and act internationally.

Part 1 of the strategy sets out the ICO's key challenges and priorities in tackling the digital global environment.

From a European perspective, the plan addresses how the ICO intends to continue to operate as an effective and influential data protection authority at European level while the UK remains a member of the EU and when the UK has left the EU, or during any transitional period.

From a wider international perspective, the ICO plans to grow and strengthen its existing international networks and develop new relationships, such as with the Asia Pacific region data protection authorities. It will also look to develop new mechanisms and tools to facilitate international transfers of personal data, such as through codes of conduct and certification and through supporting initiatives like the APEC Cross Border Privacy Rules.

Part 2 of the strategy looks at how the ICO plans to structure and resource itself to implement its international plans. The ICO is establishing, for the first time, a department with international activity as its core focus, called the International Strategy and Intelligence Department. It will also bid to host the International Conference of Data Protection and Privacy Commissioners, to promote the UK as a data protection gateway.

Click here to read the ICO's International Strategy in full.

ICO fines supermarket for marketing emails

Morrisons sent emails, in October and November of last year, to over 130,000 of their customers who had previously opted out of receiving marketing materials, related to their Morrisons loyalty card, inviting them to change their preferences to start receiving money off coupons, points and latest news.

The ICO found that, by sending these emails, the supermarket had committed a serious breach of its obligations under the Privacy and Electronic Communications Regulations (PECR) to not send unsolicited emails (except in specific circumstances) and fined Morrisons £10,500.

This fine serves as a further reminder to businesses that you cannot email an individual to consent to future marketing messages as the email itself is sent for the purposes of direct marketing, and so is subject to the same rules as other marketing emails.

Click here to read the monetary penalty notice.

ICO fines company £60,000 for inadequate website protection

Boomerang Video Ltd, an online video game renting platform, has been fined by the ICO for a serious breach of the seventh data protection principle.

Boomerang suffered an attack on its website. The attacker used SQL injection to access the site and downloaded over 26,000 cardholder details, including the cardholders' security codes. The hacker accessed the decryption key using information in files on the web server. Guidelines in the industry prohibit the storage of security codes after payment authorisation.

The ICO found that, in breach of the seventh data protection principle, the company did not have in place appropriate technical measures as required by law to prevent such an incident, regular testing had not occurred, passwords were not sufficiently complex and the decryption key was not kept securely.

Click here to read the monetary penalty notice.

ICO fine for unsolicited marketing texts reduced

The First-Tier Tribunal (Information Rights) has upheld the ICO's decision that LAD Media Ltd (LAD) wrongly sent marketing texts without specific consent, but reduced the fine from £50,000 to £20,000.

In order to send marketing text messages, LAD purchased data from a third party supplier. The third party when obtaining consent had general privacy notices contained on their website. The ICO ruled that LAD had breached PECR as the privacy notices were insufficiently clear for it to have received the specific consent required to send such communications.

On appeal, while the Tribunal agreed with the ICO in respect of the breach of PECR, it considered that the fine should be reduced. There is no binding guidance from higher courts on how to approach the assessment of fines. In this case the Tribunal in reducing the fine took into account, the circumstances of the offence, the size of the company, that it was its first offence and the financial impact on the company. It also highlighted that the fine should be of a level to deter future offences by the recipient of the fine, or others.

This case also serves as a reminder of the level of due diligence you need to carry out when buying personal data from third parties for your own use.

Click here to read the case in full.

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 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
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). 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 & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd 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 or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.