First-Tier Tribunal overturns fine of £7.5 million by ICO on Clearview AI

Clearview provides a service that allows customers, including the police, to upload an image of a person to the company’s app, which is then checked for a match against all the images in the database. The app then provides a list of images that have similar characteristics with the photo provided by the customer, with…

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Court of Appeal rules ICO acted lawfully in subject access request complaint litigation

The Court of Appeal has issued its ruling in Ben Peter Delo, R (on the application of) v The Information Commissioner [2023] EWCA Civ 1141. The case concerned a long-running court battle over a subject access request complaint. The Court of Appeal upheld an earlier High Court decision by Mr Justice Mostyn to dismiss a…

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Financial Conduct Authority takes over regulating the advertising of cryptoassets

Following the introduction of new rules by the Financial Conduct Authority (FCA), the ASA will no longer regulate technical claims in ads for cryptoassets in non-broadcast media. As of 8 October 2023 the FCA is responsible for the regulation of ads for ‘qualifying cryptoassets’ – cryptoassets that are transferable and fungible, including cryptocurrencies and utility…

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UK Information Commissioner issues preliminary enforcement notice against Snap

The Information Commissioner’s Office has issued Snap, Inc and Snap Group Limited with a preliminary enforcement notice over potential failure to properly assess the privacy risks posed by Snap’s generative AI chatbot “My AI”. The preliminary notice sets out the steps which the ICO may require, subject to Snap’s representations about the preliminary notice. If…

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BOOK REVIEW: Vulnerability and Data Protection Law

In the GDPR, the term “vulnerable” appears once. Recital 75 says that the risk to the rights and freedoms of natural persons may result from personal data processing of vulnerable natural persons in particular children, which could lead to physical, material, or non-material damage. What does “vulnerable” mean? Who is a vulnerable natural person, how…

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Ofcom refers UK cloud market to CMA for investigation

Ofcom has referred the public cloud infrastructure services market to the Competition and Markets Authority for further investigation. Its market study has identified features that make it more difficult for UK businesses to switch and use multiple cloud suppliers. Ofcom says that it is particularly concerned about the position of the market leaders Amazon and…

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