August Legal Update

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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.

For the full article see https://www.dataprotection.ie/docs/EN/22-08-2018-Statement-by-Data-Protection-Commission-in-relation-to-Eir-breach-notification/i/1783.html

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.

To view the rule see www.courts.ie/Courts.ie/library3.nsf/(WebFiles)/5DF7BA51D9753012802582DA004B138B/$FILE/Data%20Protection%20Act%202018%20(section%20159(7)%20Superior%20Courts)%20Rules%202018.pdf

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

calls to people who had opted out of receiving marketing calls by registering with the Telephone Preference Service (TPS). This is against the law unless people give specific consent to receive marketing calls from a particular company. The ICO investigation found no evidence that AMS Marketing had done that.” For the article in full see https://ico.org.uk/about-the-ico/news-and-events/news-and-blogs/2018/08/emma-s-diary-fined-140-000-for-selling-personal-information-for-political-campaigning/ “The Information Commissioner’s Office (ICO) has fined Lifecycle Marketing (Mother and Baby) Ltd, also known as Emma’s Diary, £140,000 for illegally collecting and selling personal information belonging to more than one million people. The ICO investigation found that Emma’s Diary’s privacy policy did not disclose that the personal information given would be used for political marketing or by political parties. This is a breach of the Data Protection Act 1998.” For the article in full see https://ico.org.uk/about-the-ico/news-and-events/news-and-blogs/2018/08/marketing-firm-fined-100-000-after-making-more-than-75-000-nuisance-calls/

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

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