LAST WEEK IN PRIVACY & DATA PROTECTION

The Last Week in Privacy & Data Protection is a weekly newsletter provided to you by Data Privacy Recruitment Ltd.In it we gather the most important, business relevant, and generally interesting news articles, court judgments, and professional opinions related to privacy and data protection.

64th Weekly Newsletter -> 9–15 October 2017

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Dutch DPA: Windows 10 Violates Dutch Privacy Rules

Autoriteit Persoonsgegevens — the Dutch Data Protection Authority (DPA) last week issued its Report where it investigated the privacy implications of Microsoft’s Windows 10 (Home and Pro) operating system. The Report concludes that Microsoft breaches the Dutch data protection law by processing personal data of people that use the Windows 10 operating system on their computers. The DPA outlined that Microsoft does not clearly inform users about the type of data it uses, and for which purpose. Furthermore, people cannot provide a valid consent due to lack of information about the collection of personal data.

In its reply Microsoft indicated that it wants to end all violations described in the report. The DPA stated that if the violations will not be addresses it will have no other choice but to impose sanctions on Microsoft.

Read more HERE

Read the Report Summary HERE

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Belgian DPA Sough a Court Order Against Facebook

The Belgian Privacy Commission (DPA) wanted the Brussels court to issue a court order against Facebook to prevent any collection of data for advertising purposes. According to Ruben Roex, a lawyer at the DPA, Facebook is monitoring habits of people in Belgium regardless of whether they are using their services or not without a proper consent. At the hearing the DPA stated that Facebook uses cookies, pixels and its iconic “Like” button, which are all deemed to be very invasive and can be stored for as long as two years on a personal computer. In response Facebook’s spokesperson said in a statement it disagrees with the Belgian DPA’s claims and that “putting people in control of their privacy is at the heart of everything we do.”

Read more HERE

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UK ICO Fines a Bank and Advertising Company Over Illegal Marketing Campaign

Vanquis Bank Limited from Bradford has been fined £75,000 by the UK Information Commissioner’s Office (ICO) for sending illegal marketing texts and emails. During its campaign it sent out 870,849 spam text messages and 620,000 spam emails to promote its credit cards to the recipients who had not given consent to being sent such messages. It relied on indirect consent rather than checking itself that the correct level of consent had been obtained. Moreover, the indirect consent included non-specific, general wording, such as ‘trusted parties’ and ‘carefully selected third parties’.

The ICO issued another fine of £50,000 to the London company Xerpla for sending nearly 1.26 million spam emails promoting products and services (e.g. dog food, wine, competitions and boilers) on behalf of other firms. Similarly to Vanquis Bank case, the Xerpla did not obtain the full consent of the recipients before sending the emails. People have been notified that their details could be shared with other organisations by way of a generic statement in a privacy policy. This did not legally qualify as people giving their consent to receive the messages because it was not clear and specific enough.

Read more HERE

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Compiled by Jernej Mavrič, email: jm@dp-recruitment.com

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