Reports & Whitepapers: Portrait

PL&B - AI-powered Onfido one of first selected for the ICO's Sandbox

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O =========pbmqbj_bo==OMNV ======PRIVACY LAWS & BUSINESS UNITED KINGDOM REPORT © 2019 PRIVACY LAWS & BUSINESS PUBLISHED BY Privacy Laws & Business, 2nd Floor, Monument House, 215 Marsh Road, Pinner, Middlesex HA5 5NE, United Kingdom Tel: +44 (0)20 8868 9200 Email: Website: Subscriptions: The Privacy Laws & Business United Kingdom Report is produced six times a year and is available on an annual subscription basis only. Subscription details are at the back of this report. Whilst every care is taken to provide accurate information, the publishers cannot accept liability for errors or omissions or for any advice given. Design by ProCreative +44 (0)845 3003753 Printed by Rapidity Communications Ltd +44 (0)20 7689 8686 ISSN 2047-1479 Copyright: No part of this publication in whole or in part may be reproduced or transmitted in any form without the prior written permission of the publisher. © 2019 Privacy Laws & Business PUBLISHER Stewart H Dresner EDITOR Laura Linkomies DEPUTY EDITOR Tom Cooper REPORT SUBSCRIPTIONS K'an Thomas CONTRIBUTORS Ali Vaziri Lewis Silkin LLP Martin Kraemer and William Seymour University of Oxford Charlotte Reddish, Jenai Nissim and Alison Deighton Hello DPO Emma Hughes and Nicola Fulford Hogan Lovells Lore Leitner and Christopher Foo Wilson Sonsini Goodrich & Rosati Data protection issues on and around Brexit It has not been discussed much in the general media what a detrimental impact a no-deal Brexit would have on data transfers and international business, even if it was recognised as one of the top issues in the negotiations between the EU and the UK. However, in the Operation Yellowhammer papers, the government also highlights the worst possible scenario for data flows; it warns that an adequacy assessment could take years, and law enforcement data and information sharing between the EU and UK will be disrupted. A leaked government document suggests that the prime minister has instructed government departments to share data they collect about usage of the GOV.UK portal, without informing individuals. This data would feed into Brexit preparations. A government spokesperson has told Buzzfeed, which broke the story ( cummings-voter-data), that "individual government departments currently collect anonymised user data when people use GOV.UK. The Government Digital Service is working on a project to bring this anonymous data together to make sure people can access all the services they need as easily as possible. No personal data is collected at any point during the process, and all activity is fully compliant with our legal and ethical obligations." In this issue we report on work that Friends of the Earth has done to make sure that its privacy policy is understandable to everyone (p.8) and why Onfido has embarked on the ICO's Sandbox programme (p.1). Another ICO initiative is its grants programme – read on p.1 about privacy issues with smart homes. The ICO's new cookies policy has raised some questions (p.16) – not least among international business as there are some differences between that and guidance from France's regulator, the CNIL. Our correspondents also look at issues about consent, contractual necessity and legitimate interests when using AI (p.20) and how to assess data protection risk (p.12). Laura Linkomies, Editor PrIVACY LAwS & BUSINESS COMMENT ISSUE NO 105 SEPTEMBER 2019 Contribute to PL&B reports Do you wish to contribute to PL&B UK Report? Please contact Laura Linkomies, Editor (tel: +44 (0)20 8868 9200 or email: to discuss your idea, or offer to be interviewed about your organisation's data protection/Freedom of Information work.

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