Tag: Data Protection Act 1998

Home working and data protection

There was a recent case against a city council which allowed confidential data to be available to unauthorised people due to insufficient security of staff working from home, this against the Data Protection Act (DPA). Once it was aware of the security breach the council quickly secured it. It would appear that there was no … READ MORE »

What is ‘privacy by design’?

Privacy by design is an approach to projects that promotes privacy and data protection compliance from the start. Unfortunately, these issues are often bolted on as an after-thought or ignored altogether. Although this approach is not a requirement of the Data Protection Act, it will help organisations comply with their obligations under the legislation. The … READ MORE »

Look after your email lists

A fine of £130,000 would, you might expect, generate enough sympathy to leave some to spare.  The company suffering the fine was Pharmacy2U (PtU), the largest NHS-approved online UK pharmacy, following an investigation by the Daily Mail. The Information Commissioner’s Office could have gone up to £500,000 under S. 55 Data Protection Act and you … READ MORE »

Data protect – a warning

There is always something to learn from other people's success. You can discover why they did well, perhaps find a critical point where you might have formed a different plan. You now know what works. It is the same with the mistakes of others, even where their errors of judgement were clear. Pharmacy2U Ltd (PtU), … READ MORE »

Safe Harbour 2: the saviour of email marketing?

Things have moved on to a limited degree since the final decision in the  Schrems v Data Protection Commissioner case which just about demolished the Safe Harbour provisions for data transfer to the USA. In what is seen as a significant move, the US Congress has passed, virtually nodded through, the Judicial Redress Act. It … READ MORE »

Safe Harbour: light at the end of the tunnel?

The Judicial Redress Act 2015 has passed through the US House of Representatives (The House) almost 'on the nod'. It gives foreigners the same rights of redress against American law enforcement agencies if they violate the right to privacy of data.  Both houses of Congress are historically reluctant to allow those outside the USA equivalency … READ MORE »

No Safe Harbour and email marketing

Let's make one thing clear from the start: the dust hasn't settled over the ECJ's decision on Safe Harbour. At the moment there are accepted facts, some things which we can define as probable and others that we have no idea about at all. To make matters a little more complicated, there is a certain … READ MORE »

Problems with Principle 8 and email marketing

The European Court of Justice has decided that the Safe Harbour Scheme (SHS) does not provide adequate protection for data transferred to the USA and therefore it falls outside Principle 8 of the Data Protection Act. In essence the court has recognised that agreements cannot be binding on national governments. The court ruling stated: "legislation … READ MORE »

The end of Safe Harbour for email marketing

Tuesday's finding of the European Court with regards the Safe Harbor Scheme (SHS) no longer being recognised as providing adequate protection for data transferred to the USA gives rise to fundamental concerns for email marketing. On these pages we warned of the risks of sending data to the USA well before the access that NSA … READ MORE »

Review of cookie setting

Email marketing has depended on setting cookies, the text-file tags set on the computers of browsers of websites. They have many functions, the most important from our point of view being to obtain statistics for our email marketing software. To lose the ability to set them would seriously restrict our advantages over other forms of … READ MORE »

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