Morrisions data breach vicarious liability case before UK Supreme Court

Following its data breach in November 2013 the Morrisons data breach case is now before the UK Supreme Court. The breach involved the personal data of 5,500 employees.

An employee, Mr Skelton, took a memory stick containing the records of employees home. In January 2014 he uploaded the contents onto a data sharing website, later sending it to newspapers. Continue reading

Citation: The Guardian: Edward Snowden on encryption

The Guardian has released an excellent piece from Edward Snowden on the importance of encryption.

The piece considers the importance of encryption as a standard and by design as a mechanism to protect from surveillance. The article itself considers the benefits of end-to-end encryption- where data is encrypted at source and encrypted throughout processing. In these cases third party interference typically attempts to interfere with the intial processing of data prior to encryption, embedding itself throughout the process thereafter.

Messaging services such as Facebook and WhatsApp operate via end to end encryption to protect messages by design. However, much is left to be done to ensure data ecosystems have sufficient protection- third party vendors and intermediaries must ensure the same high level of data protection to ensure holistic data protection.

For the purposes of data protection legislation encryption is considered an act which processes data in and of itself. This means the act of encryption will usually bring the processing party into the remit of data protection legislation.

Data protection rights

Personal data, such as your name, likeness, birthday or any other information which can be used to identify you is highly sensitive.

Protecting and bringing actions on the basis of your personal data being harvested, used or misused is a key foundational right to privacy. Continue reading

£3billion class action against Google given the go-ahead – Lloyd v Google LLC [2019] EWCA Civ 1599

Mr Lloyd, a consumer protection advocate, brought a claim against Google for damages on behalf of 4m Apple iPhone users. It was alleged that Google secretly tracked some of their internet activity for commercial purposes between 9 August 2011 and 15 February 2012. Continue reading

5 ways to promote data privacy

Opt-ins and diversify basis’ for processing data

User consent underpins data protection rights as a lawful basis for processing. The consent-based mechanism is just one lawful basis for processing but the most debated. This is primarily around the slow abolition of opt-out consent as a legitimate mechanism for obtaining consent. Continue reading