August Legal Update
AUGUST 2018- ARTICLES & ITEMS OF INTEREST
EIR – DATA BREACH NOTICATION TO DPC
There is a need for all organisations who process personal data to employ technical and structural security measures and the need for stringent safety measures.
The following incident noted on the Data Protection Commissioners website highlights the importance of employing technical and structural security measures. Eir notified the Data Protection Commission (DPC) of a potential data breach on the 10th August. The potential data breach arose a result of incorrect configuration on approximately 1500 laptops which resulted in standard encryption being removed from the said laptops. The DPC was later notified that one laptop had been stolen which contained names, emails, mobile and account numbers of 36,642 Eir Customers and contact details of 177 Eir employees. Eir confirmed it will be contacting the persons affected by the theft and is in the process of re-encrypting all 1500 laptops.
MATERNITY SHARED LEAVE AND BENEFIT BILL 2018
A bill was proposed by Fianna Fail this Summer to amend the Maternity Protection Acts 1994 and 2004 and the Social Welfare Consolidation Act 2005 to make provision whereby parents can share their entitlement to maternity leave to provide for related matters.
The bill is only at the first stage.
To view the bill see https://data.oireachtas.ie/ie/oireachtas/bill/2018/85/eng/initiated/b8518d.pdf and a further related rte news article https://www.rte.ie/news/politics/2018/0712/978266-dail-maternity-leave/
Anti-Money Laundering Q’s and A’s
An article by the UK Law Society Practice Advise Service relating to the UK Law Society Anti-Money Laundering Helpline Service answers 3 relevant AML questions dealing with three separate issues namely the use of Bitcoins, existing clients and Employment Settlement Agreements.
For the full questions and answers see https://www.lawsociety.org.uk/support-services/risk-compliance/anti-money-laundering/anti-money-laundering-pas-q-and-as/
DATA PROTECTION ACT 2018 & SUPERIOR COURT RULES
On the 1st August the Data Protection Act 2018 (section 159(7): Superior Courts) Rules 2018
came into operation. These rules shall apply to proceedings commenced on or after the 1st day of August 2018.
The rule states “at the request of a bona fide member of the Press or broadcast media a disclosure of information, including personal data within the meaning of the Data Protection Regulation and the Directive, contained in a court record may be made to the requester by the person requested, for the purpose of facilitating the fair and accurate reporting of a hearing in the proceedings to which it relates” and also states “Nothing in these Rules authorises the use of any information in any document included in a court record which has not been opened or is not deemed to have been opened at a hearing before the court concerned.”
The new Rules give bone fide members of the media formal right of access to documents referred to in open court, even where only small extracts are read out. Limited restrictions will still apply in certain types of cases.
BREACH OF DATA PROTECTION LEGISLATION – ICO ISSUES FINES
The importance of abiding by the Data Protection Legislation cannot be overstated, the Information Commissioners Office (ICO) UK’s equivalent to our DPC has issued 2 recent fines as reported on its website. “The Information Commissioner’s Office has fined an East Sussex marketing company £100,000 for making 75,649 nuisance calls. AMS Marketing Ltd, of Peacehaven, made the
HOW TO GET MORE CLIENTS – SURVEY RESULT
In the Summer Edition of the Parchment Flor McCarthy states “the answer to more clients rests with the ones you already have.” In this article he discusses the results of the Price Transparency in the Legal Services Market survey conducted earlier this year by the Solicitors Regulatory Authority. To obtain the statistics especially for any practitioners looking at ways to market their practise read the following link to the article http://issuu.com/256media/docs/parchment_summer_2018?e=16581915/63562828