Section 56 of the Data Protection Act, covering enforced subject access requests, comes into force on 10 March 2015.
Enforced subject access requests typically occur when a person wishes to see another individual’s criminal record, but chooses not to use the established legal system.
The change will make it a criminal offence for employers, landlords and other third parties to require individuals to make a subject access request and provide them with the results before offering employment, providing accommodation, or offering other goods, facilities or services.
Electronic marketing, including marketing calls and texts, are covered by the Privacy and Electronic Communications Regulations. The regulations require organisations to have an individual’s consent to make automated marketing calls or send marketing texts to that person. For live marketing calls, the organisation must not contact people that have opted out of receiving them; most commonly by registering with the Telephone Preference Service.
The Information Commissioner can issue monetary penalties of up to £500,000 if marketing calls or messages caused, or had the potential to cause, ‘substantial damage or distress’. With effect from 6th April 2015 this bar is to be removed to make it easier to fine companies who are breaching the regulations.
The Privacy and Electronic Communications Regulations require organisations to provide clear information explaining how cookies are being used on their website so people can then make an informed decision on whether they are happy for non-essential cookies to be placed on their device. The study found that 6% of the UK websites surveyed are still failing to do this. The Information Commissioner is currently writing to these organisations before deciding whether any further action is required.
The UK’s consumer protection and competition authority, the CMA, is going to look at the way businesses use online reviews and endorsements after concerns were raised about their “trustworthiness” and “impartiality”. Read more....