In this episode of the Privacy Partnership Podcast, Rob walks you through the most important aspects of the proposed Digital Omnibus Regulation. • A new Article 88c states that processing of personal data for the development and operation of AI systems may be pursued for legitimate interests (p85). • A new condition under Article 9 allows the processing of special category data for AI training if state-of-the-art security is used and the data is subsequently removed or anonymised (p79)....

"Death by a thousand cuts?" That's what the leaked Digital Omnibus proposals represent to the GDPR, according to noyb.eu. Here's a look at some of the most significant ideas, from the new definition of "personal data" to the narrowing of Article 9. -- Note: This is an unconfirmed internal draft from the Commission’s DG CONNECT and not an official proposal. It may change substantially before it’s formally presented, and we’re expecting that to happen on 19 November. Some say this d...

The ICO is offering up to 40% off UK GDPR fines under its new draft Data Protection Enforcement Procedural Guidance. Here's how to take advantage of this special deal! The draft guidance updates the ICO's Regulatory Action Plan, which has been in place since 2018. There are two particularly interesting bits: - New teeth available to the ICO under the Data (Use and Access) Act (DUAA), should it choose to bite with them - A formal proposed settlement process Now the ICO has settled case...

The DPC's TikTok decision is not that surprising if you understand the law, but it's actually a pretty huge deal to see this play out in reality. Are most international data transfers de facto illegal? TikTok enabled remote access to EEA users' personal data in China, purportedly for purposes like maintenance and user support. The DPC said: Remote access is a transfer. Not really surprising based on the post-Schrems II EDPB recommendations. TikTok encrypted the data in transit and at re...

The EDPB just published its opinion on the UK's adequacy decision and it's pretty critical of the country's post-Brexit direction on data protection. But does the EDPB's opinion matter? Probably not—directly, at least. The Commission's draft adequacy decision now goes to a vote at the Comitology Committee and is very unlikely to be voted down, despite the EDPB's reservations. But the opinion might provide some ammunition in potential future political or legal challenges to the UK's "adequate"...

What is going on between Clearview AI and the ICO? Actions against Clearview have been a test of how far digital regulation actually has extraterritorial effect. This month, we got an answer on this from the UK’s Upper Tribunal, and it’s an important judgment about the territorial reach of the UK GDPR—at least on paper. In May 2022, the ICO fined Clearview AI £7.5 million and ordered it to delete the data of UK residents. Clearview appealed. Then, in a quite surprising move in October 2...

Discord's recent data breach exposed photo IDs used to verify users' ages. Should we blame the Online Safety Act, the Children's Code, or the UK GDPR? It's complicated. (Please excuse the unsightly cut on my forehead in this one). While this breach probably just boils down to vendor security, I wanted to consider whether Discord was obliged to collect users' ID documents, and whether it should have been retaining them. This story does involve some competing obligations under the OSA and t...

Tractor Supply: The first CCPA case about job applicants' privacy (and the largest CPPA settlement yet). Don't forget: Unlike other states, California's privacy law applies to data about employees and job applicants. Tractor Supply settled for $1.35 million for failing to tell job applicants about their rights (among other, more commonplace violations—GPC, Do Not Sell, the usual stuff). The company provided a "notice at collection" telling applicants what types of data it collected and wh...

LinkedIn's AI training settings don't affect all users equally. Did you notice that LinkedIn will share UK users' data with Microsoft, but not EEA users? In this video, Rob looks at the background, the broader context, and the details. LinkedIn first floated the idea of training its AI models on users' personal data last summer and has since encountered several bumps in the road. Complaints were submitted to regulators in Ireland and the UK, and the company responded by putting th...

The ICO has yet MORE draft guidance, this time on the UK's upcoming changes to the law on cookies (etc). At the same time, it's running a "call for views" about whether it should enforce that law in certain contexts. The updated cookies guidance includes a new chapter on the consent exceptions provided by the Data Use and Access Act (DUAA). We also get new material reflecting the ICO's view that a "Reject" option should be accessible on the first layer of your cookie banner. There's als...

An individual has been criminally prosecuted for "ignoring" or having "blocked, erased, or concealed" a subject access request. A rare (perhaps unprecedented) case, but Rob wonders if this behaviour is more common than we might think. This care home director was prosecuted under Section 173 of the Data Protection Act 2018, which makes it a criminal offence to "alter, deface, block, erase, destroy or conceal information with the intention of preventing disclosure" following an access request...

All over EU and UK law, we see a requirement to report certain stuff "without undue delay", often coupled with a hard deadline period (e.g., within 72 hours). A CJEU case from last month explored what these dual obligations mean in practice. IL v Veracash (Case C‑665/23, 1 August 2025) concerned the old Payment Services Directive (PSD). The PSD requires cardholders (consumers) to notify payment services provider about suspected fraudulent transactions "without undue delay" upon beco...

More draft ICO guidance! This time, about one of the Data (Use and Access) Act's most important concepts: "Recognised legitimate interests". The "recognised legitimate interests" are data processing activities that, frankly, the government would like you to do more of. Unlike regular old legitimate interests, you won't need to conduct a "balancing test" before processing personal data for these purposes: So long as the processing is "necessary", you can just go right ahead and do it. So...

In advance of new obligations under the Data (Use and Access) Act, the ICO has published some draft guidance on handling data subject complaints. This episode breaks down some of the ICO's expectations in this area. As always, the ICO sets out three tiers: • "Must": Legal duties, for example, under UK GDPR or DPA 2018. • "Should": Good practice stuff that you should do unless there's a good reason not to. • "Could": Optional steps to help you comply. According to the I...

Some parts of the Data (Use and Access) Act (DUAA) take effect today! This is our first chance to see how the Act is actually going to operate in practice. In this video, I'll talk you through the relevant provisions. Many of these provisions are quite technical. So to make sense of them, Rob breaks them down into three categories: • New powers for government and regulators • Institutional reforms • Amendments to existing data protection and privacy law With these changes, we see ...

The Online Safety Act is why you might have been asked for your driver's licence on Reddit, X, and some... other websites. In this video, I explain how the OSA works and how it raises tensions with the UK GDPR. The OSA applies to "user-to-user" and search services with "links to the UK". This covers websites from social media giants to tiny online message boards. Through a series of risk assessments, in-scope services must identify and mitigate risks around illegal content and harms to chil...

Are you using an in-house tool powered by an AI model from OpenAI, Google, or Meta to produce marketing copy? You might soon be responsible for watermarking your AI-generated content. In this episode of the Privacy Partnership Podcast, Rob explores a common scenario, where a company fine-tunes a general-purpose AI model and builds a simple internal tool for staff to generate copy in its own brand voice. While the company might think it is simply a "deployer" of OpenAI's general-purpose ...

Last week, the ICO fined Scottish charity Birthlink £18,000 for destroying around 4,800 adoption records. In this video, Rob explains why this is such an interesting case. Birthlink is an Edinburgh-based charity that maintains the Adoption Contact Register for Scotland. It provides specialised support for people involved in adoptions. At the heart of this case are the "linked records": Manual paper files created when a successful link had been made between individuals on the adoption contact ...

I spoke to Boris Wojtan, Senior Privacy Counsel at Privacy Partnership Law, about "Access to Customer and Business Data" under Part 1 of the UK's Data (Use and Access) Act. This has been on my "get to grips with this" list for absolutely ages. Like me, you're probably familiar with the DUAA's amendments to the UK GDPR, the DPA 2018, and PECR. But that's just one part of the legislation, and the other parts could have an even greater impact on a huge range of organisations. In this episode, Bo...