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Brexit White Paper and Data Protection-Related Issues

The post-Brexit relationship between the EU and the UK were outlined in the Brexit White Paper presented by UK Prime Minister Theresa May on July 12. After GDPR implementation officially became mandatory on May 25, 2018 and it was confirmed that the UK will no longer be a part of the EU Digital Single Market, an analysis of the effects of Brexit on data protection was awaited. The white paper includes relevant data protection-related issues, including digital trade, data flows, cooperation to develop Artificial Intelligence and a definition of the role of the Information Commissioner’s Office. Both parties have a strong interest to ensure a stable relationship. Thus, the UK proposal includes the removal of barriers to allow cross-border data flows, a free, open and secure internet, and recognizing equivalent forms of electronic ID and authentication, granting strong privacy protections for citizens and ongoing cooperation between the ICO and EU Data Protection Authorities.

The UK white paper is available here
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German Federal Court of Justice sets an important precedent on heredity of Facebook accounts

Facebook policy on the respect of privacy of the deceased is going to change after the German Federal Court of Justice ruled that Facebook accounts can be inherited. The ruling follows the 2012 case of a mother who requested to be given access to the Facebook account of her recently deceased daughter who passed away in a train accident.  The mother wanted to shed light on whether the death of her daughter was an accident or instead a suicide. The  Court decision l  will allow the inheritance of social media accounts of German citizens  in the same way as traditional letters.

Find the Reuter release on the case here
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ICO publishes a report on the use of data analytics in political campaigns

On July 11, the UK Information Commissioner (ICO) presented a report on the use of data analytics in political campaigns. The report contains details on the ICO's investigation on possible misuses of personal data. The investigation started in March 2017 and has focused on specific topics including the political campaigns on the Brexit referendum. eThe investigation targeted also political parties, data analytics companies and major social media platforms. As a result of the 14 months investigation, two reports were produced: the one entitled “Democracy Disrupted? Personal information and political influence” which contains various recommendations and the request to the Government  to adopt guidelines for the use of personal data in political campaigns; and,  ,the one entitled “The future of political campaigning” that deals with the strategic use of data in political campaigns and aims to predict related technology evolution in the next two to five years.

The first report is available here

The second report is available here

The report is available here
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Lithuanian Data Protection Inspectorate’s rules on the implementation of data subject rights

The State Data Protection Inspectorate of Lithuania has published rules on data subject rights implementation under the GDPR previsions. Companies, institutions, other organizations and individuals which process personal data for business-related purposes will now have a tool to interpret their duties on the enforcement of data subject rights. The main aim of the publication is to help data controllers in the protection of personal data collected and processed in the context of business and professional activities. The rules include clarifications on the exercise of data access and correction rights, on the erasure of data, on the limitations to data processing, on data portability, on the denial of consent to data processing and other related rights. An Annex to the rules provides additional information on the measures to implement the rules.

The original document containing the rules is available here (in Lithuanian language)

The press release of the Lithuanian Inspectorate (in Lithuanian language) is available here:
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German BfDI publishes its report on freedom of information

On July 11 Andrea Voßhoff,  the German Federal Commissioner for Data Protection and Freedom of Information, of published her report on the implementation of the freedom of information in Germany. This Activity Report is the 6th of its genre and refers to the period 2016 and 2017. In this period, Federal Authorities received a total of 21,805 applications for access to official information under the Federal Government's Freedom of Information Act exceeding the applications received during 2014/2015. According to the Federal Commissioner, this increase in the number of applications clearly shows that the right to access information has now become a tool for the exercise of citizens’ rights transparency.

Find the Annex to the BfDI press release for the 6th Activity Report on freedom of information here:

The Activity Report for the years 2016-2017 is available here: