Last Week in Privacy & Data Protection - Current Edition

3–9 December 2016

UK ICO Investigation: Charities Exploiting Supporters

UK Information Commissioner Office launched an investigation into the practices of charities and discovered that the Royal Society for the Prevention of Cruelty to Animals (RSPCA) and British Heart Foundation (BHF) secretly screened millions of their donors so they could target them for more money. This screening practice is also known as “wealth screening” and was one of three breaches of the Data Protection Act by the mentioned charities. Furthermore, the charities also traced and targeted new or lapsed donors by piecing together personal information obtained from other sources. And they traded personal details with other charities creating a massive pool of donor data for sale, all without obtaining donors’ consent.

Interestingly, the Information Commissioner Ms. Denham has exercised her discretion power and has significantly reduced the level of fines. Her decision was based on taking into account the risk of adding to any distress caused to donors by the charities’ actions, particularly in the context of potential further penalties in the sector as a result of ongoing investigations. The ICO has fined the RSPCA £25,000 and BHF £18,000.

Read more HERE

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EU to Closely Monitor Privacy Shield Compliance

EU Justice Commissioner Věra Jourová said that the European Commission will “closely monitor the respect of protection standards and the correct implementation” of the Privacy Shield Agreement “under the new U.S. leadership.” The viability of Privacy Shield under the administration of U.S. President-elect Donald Trump has been brought into question because the transfer mechanism is dependant on respect for EU privacy rights when personal data of EU citizens is transferred to the U.S. for commercial purposes.

During the U.S. presidential campaign, Trump made some statements, which according to some commentators might mean that such privacy rights could be disregarded. Specifically, Trump has promised to cancel the Trans-Pacific Partnership trade agreement, which includes data protection commitments and that he was in favour of law enforcement profiling on the basis of ethnicity or religious group affiliation.

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