The European Data Protection Board have published Opinion 5/2019 on the interplay between the ePrivacy Directive and the GDPR, in particular regarding the competence, tasks and powers of data protection authorities.
The Advocate General of the Court of Justice of the European Union has issued an Opinion on cookie consent. In addition to opining, unsurprisingly, that pre-ticked boxes were inadequate for obtaining consent, the Advocate General declared that information should be provided on the duration of the cookies, whether third parties are given access to cookies, and, if so, the identity of the third parties. See Planet49 GmbH v Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband e.V.
HM Government has published guidance, Using personal data after Brexit. A Californian court has ordered discovery of documents despite a GDPR-based objection: see Finjan, Inc. v. Zscaler, Inc.
Links to the above documents are on www.legalrisk.co.uk/news.
Finally on this topic, The Times reported on 26 March 2019 that 2,940 data security incidents were logged by the Ministry of Justice last year. Litigation practitioners may care to spare a thought before including excessive copies of medical and employment records in multiple court bundles: who knows what becomes of them?
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