Personal data privacy risks
Reputational and privacy risks associated with increased use of personal data for content personalisation.
31 items
1 source
5 inquiries
Strongest theme matches
Mixed across source types and ranked by classifier confidence plus text match strength.
Inquiry recommendation
52match
L60 - ICO Public Guidance
The Information Commissioner's Office should take steps to prepare and issue guidance to the public on their individual rights in relation to the obtaining and use by the press of their personal data, and how to exercise those rights.
Matched on
terms: personal
Inquiry recommendation
48match
L74 - Qualified One Way Costs Shifting
In the absence of the provision of an approved mechanism for dispute resolution, available through an independent regulator without cost to the complainant, together with an adjustment to the Civil Procedure Rules to require or permit the court take account of the availability of cost free arbitration as an alternative to court proceedings, qualified one way costs shifting...
Matched on
terms: privacy
Inquiry recommendation
48match
L72 - Exemplary Damages for Media Torts
Exemplary damages (whether so described or renamed as punitive damages) should be available for actions for breach of privacy, breach of confidence and similar media torts, as well as for libel and slander. The application to a defendant of any relevant system of regulation of standards enforcement which is contained in or recognised by statute and good internal...
Matched on
terms: privacy
Inquiry recommendation
48match
L70 - Civil Justice Council Damages Review
The Civil Justice Council should consider the level of damages in privacy, breach of confidence and data protection cases, being prepared to take evidence (from the Information Commissioner, the media and others) and thereafter to make recommendations on the appropriate level of damages for distress in such cases. How the matter is then taken forward will ultimately be...
Matched on
terms: privacy
Inquiry recommendation
48match
L69 - Review of Damages for Media Torts
There should be a review of damages generally available for breach of data protection, privacy, breach of confidence or any other media-related torts, to ensure proportionate compensation including for non-pecuniary loss (all referable to the duration, extent and gravity of the contravention).
Matched on
terms: privacy
Inquiry recommendation
48match
L66 - ICO Organisation Review
The Information Commissioner's Office should take the opportunity to review its organisation and decision-making processes to ensure that large-scale issues, with both strategic and operational dimensions (including the relationship between the culture, practices and ethics of the press in relation to personal information on the one hand, and the application of the data protection regime to the press...
Matched on
terms: personal
Inquiry recommendation
48match
L62 - ICO Annual Report on Press
The Information Commissioner's Office, in the Annual Report to Parliament which it is required to make by virtue of section 52(1) of the Act, should include regular updates on the effectiveness of the foregoing measures, and on the culture, practices and ethics of the press in relation to the processing of personal data.
Matched on
terms: personal
Inquiry recommendation
48match
L59 - ICO Good Practice Guidelines
In discharge of its functions and duties to promote good practice in areas of public concern, the Information Commissioner's Office should take immediate steps, in consultation with the industry, to prepare and issue comprehensive good practice guidelines and advice on appropriate principles and standards to be observed by the press in the processing of personal data. This should...
Matched on
terms: personal
Inquiry recommendation
48match
L49 - Narrow Section 32 Exemption Scope
The exemption in section 32 of the Data Protection Act 1998 should be narrowed in scope, so that it no longer allows, by itself, for exemption from: (a) the requirement of the first data protection principle to process personal data fairly (except in relation to the provision of information to the data subject under paragraph 2(1)(a) of Part...
Matched on
terms: personal
Inquiry recommendation
48match
L48 - Section 32 DPA Amendment
The exemption in section 32 of the Data Protection Act 1998 should be amended so as to make it available only where: (a) the processing of data is necessary for publication, rather than simply being in fact undertaken with a view to publication; (b) the data controller reasonably believes that the relevant publication would be or is in...
Matched on
terms: privacy
Inquiry recommendation
44match
L67 - Sentencing Guidelines for Data Offences
On the basis that the provisions of s77-78 of the Criminal Justice and Immigration Act 2008 are brought into effect, so that increased sentencing powers are available for breaches of s55 of the Data Protection Act 1998, the Secretary of State for Justice should use the power vested in him by s124(1)(a)(i) of the Coroners and Justice Act...
Matched on
classifier match
Inquiry recommendation
40match
L73 - Civil Procedure Rules on Costs
The Civil Procedure Rules should be amended to require the court, when considering the appropriate order for costs at the conclusion of proceedings, to take into account the availability of an arbitral system set up by an independent regulator itself recognised by law. The purpose of this recommendation is to provide an important incentive for every publisher to...
Matched on
classifier match
Inquiry recommendation
36match
L71 - Aggravated and Exemplary Damages
The Report of the Law Commission on Aggravated, Exemplary and Restitutionary Damages should be adopted in relation to its recommendations that legislation should provide that: (a) aggravated damages should only be awarded to compensate for mental distress and should have no punitive element; (b) exemplary damages should be retained (although re-titled as punitive damages).
Matched on
classifier match
Inquiry recommendation
36match
L68 - PACE Amendments Consideration
The Home Office should consider and, if necessary, consult upon: (a) whether paragraph 2(b) of Schedule 1 to the Police and Criminal Evidence Act 1984 (PACE) should be repealed; (b) whether PACE should be amended to provide a definition of the phrase "for the purposes of journalism" in s13(2); and (c) whether s11(3) of PACE should be amended...
Matched on
classifier match
Inquiry recommendation
36match
L65 - ICO Specialist Knowledge Review
The Information Commissioner's Office should take the opportunity to review the availability to it of specialist legal and practical knowledge of the application of the data protection regime to the press, and to any extent necessary address it.
Matched on
classifier match
Inquiry recommendation
36match
L64 - ICO Engage with Metropolitan Police
The Information Commissioner's Office should take immediate steps to engage with the Metropolitan Police on the preparation of a long-term strategy in relation to alleged media crime with a view to ensuring that the Office is well placed to fulfil any necessary role in this respect in the future, and in particular in the aftermath of Operations Weeting,...
Matched on
classifier match
Inquiry recommendation
36match
L63 - ICO Adopt DPP Guidelines
The Information Commissioner's Office should immediately adopt the Guidelines for Prosecutors on assessing the public interest in cases affecting the media, issued by the Director of Public Prosecutions in September 2012.
Matched on
classifier match
Inquiry recommendation
36match
L61 - ICO Advice for Data Subjects
In particular, the Information Commissioner's Office should take immediate steps to publish advice aimed at individuals (data subjects) concerned that their data have or may have been processed by the press unlawfully or otherwise than in accordance with good practice.
Matched on
classifier match
Inquiry recommendation
36match
L58 - ICO Policy on Press Regulation
The Information Commissioner's Office should take immediate steps to prepare, adopt and publish a policy on the exercise of its formal regulatory functions in order to ensure that the press complies with the legal requirements of the data protection regime.
Matched on
classifier match
Inquiry recommendation
36match
L57 - Reconstitute ICO as Commission
The opportunity should be taken to consider amending the Data Protection Act 1998 formally to reconstitute the Information Commissioner's Office as an Information Commission, led by a Board of Commissioners with suitable expertise drawn from the worlds of regulation, public administration, law and business, and active consideration should be given in that context to the desirability of including...
Matched on
classifier match
Inquiry recommendation
36match
L56 - ICO Consult with CPS
A new duty should be introduced (whether formal or informal) for the Information Commissioner's Office to consult with the Crown Prosecution Service in relation to the exercise of its powers to undertake criminal proceedings.
Matched on
classifier match
Inquiry recommendation
36match
L55 - ICO Prosecution Powers Extension
The prosecution powers of the Information Commissioner should be extended to include any offence which also constitutes a breach of the data protection principles.
Matched on
classifier match
Inquiry recommendation
36match
L54 - Bring into Force Section 55 Penalties
The necessary steps should be taken to bring into force the amendments made to section 55 of the Data Protection Act 1998 by section 77 of the Criminal Justice and Immigration Act 2008 (increase of sentence maxima) to the extent of the maximum specified period; and by section 78 of the 2008 Act (enhanced defence for public interest...
Matched on
classifier match
Inquiry recommendation
36match
L53 - ICO Regard for Regulatory Membership
Specific provision should be made to the effect that, in considering the exercise of any of its powers in relation to the media or other publishers, the Information Commissioner's Office must have regard to the application to a data controller of any relevant system of regulation or standards enforcement which is contained in or recognised by statute.
Matched on
classifier match
Inquiry recommendation
36match
L52 - ICO Balance of Public Interest
In conjunction with the repeal of those procedural provisions, consideration should be given to the desirability of including in the Data Protection Act 1998 a provision to the effect that, in considering the exercise of any powers in relation to the media or other publishers, the Information Commissioner's Office should have special regard to the obligation in law...
Matched on
classifier match
Inquiry recommendation
36match
L51 - Repeal Procedural Provisions
The procedural provisions of the Data Protection Act 1998 with special application to journalism in: (a) section 32(4) and (5) (b) sections 44 to 46 inclusive should be repealed.
Matched on
classifier match
Inquiry recommendation
32match
DM-10 - Custodial sentences for data protection offences
Given the potential seriousness of such offences, it is recommended that the Government take an early opportunity to amend the Data Protection Act 2018 to provide for sentences of imprisonment for offenders.
Matched on
classifier match
Inquiry recommendation
31match
F244 - Common information practices shared data and electronic records
There is a need for all to accept common information practices, and to feed performance information into shared databases for monitoring purposes. The following principles should be applied in considering the introduction of electronic patient information systems: Patients need to be granted user friendly, real time and retrospective access to read their records, and a facility to enter...
Matched on
classifier match
Inquiry recommendation
31match
L78 - PNC Access Auditing
The Police Service should re-examine the rigour of the auditing process and the frequency of the conduct of audits in relation to access to the Police National Computer (PNC). Additional consideration should also be given to the number of people given access to the PNC and the associated rules which govern its usage.
Matched on
classifier match
Inquiry recommendation
27match
SP23 - Coroner and inquiry Ofcom notification powers
The Department for Science, Innovation and Technology should consider extending the powers under the Online Safety Act 2023 to enable Senior Coroners to make a notification to Ofcom to obtain access to social media accounts of perpetrators (not just of a child who has died), and for statutory Inquiries to be able to make a notification to Ofcom...
Matched on
classifier match
Inquiry recommendation
18match
TAYL-F39 - Clubs maintain computer records of ticket purchasers' names and addresses
Clubs should consider maintaining a record on computer of ticket sales before the day of the match, for season tickets and tickets for all-ticket matches for seated areas, containing the names and addresses of those purchasing tickets.
Matched on
classifier match