On the GDPR

The week before last, I attended the BCS legal day and have finally published my notes on what is now my essay blog. The priority was the coming General Data Protection Regulation. I prefer to write in a style recognising those who have informed me or changed my mind but the notes have been anonymised as I believe that the day was held under Chatham House rules,  The running order has been changed to make the story better and to conform to my preferred priority order, of principles, rights, obligations and enforcement.  The day consisted of two presentations, entitled “Key Issues”, “the Data Protection Officer” and one on trends in enforcement.

On the GDPR

Datalake

“A data lake is a storage repository that holds a vast amount of raw data in its native format, including structured, semi-structured, and unstructured data. The data structure and requirements are not defined until the data is needed.”

James Dixon, the founder and CTO of Pentaho, although what makes this wisdom is that it’s been repeated.

… whereas a data warehouse, has structure and a schema!

Datalake

Pragmatism

Are the ICO waking up, this seems a bit rough, … as it fines Flybe and Honda. There are two stories here, two large firms wanted to confirm that they had consents and so wrote to their list to ask if the consents remain in place …. they have been fined; the ICO considered this to be an un-consented bulk email. I wonder if it’s possible to perform this check legally.

Pragmatism

Petard

One more though on the GDPR and Pirate Hunting, if we (and the courts) consider the use of a home tcp/ip address as inconclusive proof that the bill holder (or anyone specific) used the device, then the IP address cannot be considered personal data. There might be a personal petard and hoisting nexus occurring here.

Petard

Brexit Day

The idiots have sent a letter to Tusk. A sad day for both the UK and the EU. The Daily Mash reports Jünker as saying that she might have used e-mail; most people find it easier.

A more fitting comment was made last week by Esteban Pons, a Spanish Conservative and the EPP’s senior Brexit spokesman who made a speech commemorating the EU’s foundation and included the phrase,

… Leaving Europe is not leaving a market, it is leaving shared dreams. We can have a common market, but if we do not have common dreams, we have nothing. Europe is the peace….

I expect he and I disagree with how a common market should work but the EU has not had a first division champion since Roy Jenkins quit front line politics … another debt we owe New Labour. We are still not arguing that the idea of a united Europe is worthwhile having manifestly failed to raise it in the referendum. Anyway, here’s a clip from Pons speech,



The other piece of news published today is this piece from the Guardian, which highlights eight aspects of the EU’s negotiating position and priorities, about timing and scheduling of the negotiations, the financial bill, reciprocal citizenship & residency rights, the border with Eire, trade, the court, transition & ratification.

Brexit Day

Bifurcation

The Guardian has a long piece on the Tories 2015 election campaign and explains why some of the constituency campaigns have been investigated by the the Police. It hinges on the allocation of cost to the low limit constituency campaigns and the higher limit national campaigns. The Electoral Commission has investigated the battle bus costs and stated that,

“has found no evidence to suggest that the party had funded the BattleBus2015 campaign with the intention that it would promote or procure the electoral success of candidates”

apart from the planned location of the whistle stops.

The Guardian also quotes the Electoral Commission as saying,

“coaches of activists were transported to marginal constituencies to campaign alongside or in close proximity to local campaigners, …..

“it is apparent that candidate campaigning did take place during the BattleBus2015 campaign

Bifurcation

Restrictions

Just looking at my notes from the BCS Legal Day and while some are still hanging on for Brexit saving them from the GDPR, which it won’t, it becomes necessary to understand the wiggle room left by the GDPR.

Firstly, there is the competency limitations of Union itself, it cannot legislate for national & public security nor for the criminal justice system, these exclusions are stated in Article 23 Restrictions and also include (or exclude if that’s how you see it), the management of professions and the pursuit of civil justice. The Restrictions clause does however require the member state to act proportionately and respect the Charter of Fundamental Rights. In addition, there is room for national, member state, variances on the protection of employee data and the definition of public sector, impacting the need for a DPO.

Restrictions