You can 'go your own way' over GDPR, says UK's new Information Commissioner
- Reference: 1631524513
- News link: https://www.theregister.co.uk/2021/09/13/new_uk_ico_promises_to/
- Source link:
John Edwards, who is currently New Zealand's Privacy Commissioner, was responding to a [1]now-deleted tweet he posted in the aftermath of the attack at two mosques in Christchurch in 2019 which left 51 dead and dozens more injured.
The EU... has certain legal traditions which suggest that the GDPR approach best suits that legislative and regulatory environment
The attack – which was [2]livestreamed on Facebook and shared on social media – was described at the time by Prime Minister Jacinda Ardern as "one of New Zealand's darkest days."
Speaking on Thursday at a hearing of the Digital, Culture, Media and Sport (DCMS) Committee via [3]video link from New Zealand , he was asked about his criticism of big tech companies.
Asked by Damian Green MP whether he still felt that "tech giants are genuinely a threat to the wider democratic scrutiny and process," he replied: "That tweet came from a very profound context of national shock and grief," he told the committee, "[by] a very egregious terrorist act that was facilitated, amplified and propagated through that particular platform."
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Despite his own feelings, he made it clear that when he takes up the role as the UK's Information Commissioner he will be "fair and impartial."
[5]British data watchdog brings cookies to G7 meeting – pop-up consent requests, not the delicious baked treats
[6]UK data watchdog sees its approach to government health tech during COVID-19 outbreak as 'pragmatic'
[7]UK promises big data law shake-up... while also keeping the EU happy, of course. What could go wrong?
[8]Tech biz must tell us about more security breaches, says UK.gov as it ponders lowering report thresholds
"I do want to go on record and say that despite the hyperbole referenced in that tweet, Facebook – and every other organisation which is subject to the ICO's jurisdiction – can expect a fair and impartial inquiry when I occupy that role – without predetermination or bias."
The discussion then moved on to the growing influence of big tech and how regulatory policy is being shaped.
[9]
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"We confront with these platforms, a phenomenon that has never been experienced in the world in regulation. These are nation state-sized commercial enterprises," he said, adding that it is becoming "increasingly difficult to engage them on the national level."
But he also said he saw signs that countries are beginning to "see assertions of national sovereignty against these organisations," citing the example of the ICO's recent introduction of its [11]age-appropriate design code or "Children's code" which contains 15 standards that online services need to follow. Aimed in particular at tech companies such as Facebook, YouTube and TikTok that are often used by children, it doesn't just apply to companies based on their jurisdiction. Instead, it applies to all companies that process the personal data of UK children.
[12]
In a line of questioning that might hint at Edwards' future tenure at the ICO, he was asked whether big tech was starting to recognise that the "world is changing," that many people believe them to be "the equivalent of the Trusts that had to be busted in America in the late 19th century." Edwards said he believed that there were signs of change.
"We've seen some of the largest platforms actively calling for regulation," he said. "And when you see that happen, you know, the tide has turned that they see the inevitability of needing to finally respect the authorities and the jurisdictions that they operate [in]."
EU know what....
Quizzed on the thorny issue of the UK's relationship with the European Union, he was asked how the UK could make progress without "aping" what happens on the Continent.
"It's a really important question," said Edwards, "and I think at the core must be mutual respect. Europe is entitled to regulate for its citizens in the way that it deems most appropriate. And it has certain legal traditions which suggest that the GDPR approach best suits that legislative and regulatory environment."
At the same, the "United Kingdom is entitled to take Fleetwood Mac's advice and 'Go your Own Way'," he said, citing the soft rock supergroup, ensuring the "mutual respect of different legal and cultural traditions… lead to different expressions of the same objective."
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And for those who are simply left numb and befuddled by the whole subject of data protection, Edwards had this to say: "What I really want to do is make privacy easy. And I think I can translate that to the UK. I want to make data protection easy – easy for industry to implement at low cost, easy for consumers to exercise privacy-friendly choices in their marketplace, and easy for people to access remedies when things go wrong." ®
Get our [14]Tech Resources
[1] https://www.theguardian.com/technology/2019/apr/08/facebook-are-morally-bankrupt-liars-says-new-zealands-privacy-commissioner
[2] https://www.theregister.com/2019/03/20/new_zealand_mosque_video_arrests/
[3] https://www.parliamentlive.tv/Event/Index/1508ef32-ec1d-4295-a5bf-aa8cd8211e7ao
[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YT8hYgIFq6ehNvOlDARHmAAAABM&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[5] https://www.theregister.com/2021/09/07/ico_cookies_g7/
[6] https://www.theregister.com/2021/08/04/ico_annual_report/
[7] https://www.theregister.com/2021/08/26/uk_privacy_law_shakeup_information_commissioner/
[8] https://www.theregister.com/2021/07/27/uk_security_breach_reporting_law_thresholds/
[9] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YT8hYgIFq6ehNvOlDARHmAAAABM&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[10] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YT8hYgIFq6ehNvOlDARHmAAAABM&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[11] https://ico.org.uk/for-organisations/guide-to-data-protection/ico-codes-of-practice/age-appropriate-design-code/
[12] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YT8hYgIFq6ehNvOlDARHmAAAABM&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[13] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YT8hYgIFq6ehNvOlDARHmAAAABM&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[14] https://whitepapers.theregister.com/
It's like the contestant in a beauty queen contest declaring that the thing she most wants is World Peace.
Everyone wants that, Darling, but the hard part is how are you going to achieve it, and what compromises are you going to make?
'how [can] the UK ... make progress without "aping" what happens on the Continent'
And therein lies the problem: we can't. We will always have to deal with the EU, and therefore we will always have to conform to their regulations. The main difference now, of course, is that we no longer have any say in those regulations. Yay Brexit.
(Cue up/downvoting in proportion to the political stance of the readership.)
@Hubert Cumberdale
"We will always have to deal with the EU, and therefore we will always have to conform to their regulations."
Interesting problem. And yet we deal with the rest of the world too, and in our dealing with them comply with their regs but they dont dictate domestic policy. While members of the EU have domestic policy dictated to them even if it upsets their countries constitutions!
"Yay Brexit."
Damn right
Phoning it in
So, UK's had laws and the detailed bashed out in case law by the British courts and judiciary, with the case law being there open and clear and argued over.
Then it went the regulator route, the laws were vague and the details handed over to individual regulator decisions. Now the details are in th regulators head, but at least the regulator is British operating under British jurisdiction. The choices they make, them and their families have to live with.
To this, a New Zealand regulator, who is literally phoning it in from New Zealand, another jurisdiction.
"I look forward to the challenge of steering the organisation and the British economy into a position of international leadership in the safe and trusted use of data for the benefit of all."
So no privacy then.... *your* "data used for the benefit of all". I'm guessing a British privacy commission would be problematic, because he'd look up his own file and see the vaste swath of surveillance data accumulated on him, and might object. He'd also have to live with the consequences, not so a NZ'er, who can return at any time back home.
I'm betting, he will tell MPs that he plans to move to the UK for the role, and then will change his plans and stay in the NZ jurisdiction while making his decisions. Just a guess....
From a simplistic point of view, all we need is to force sites to put a 'decline all' button on cookie popups (in the same colour as the accept). Instead of hiding it 10 pages down in 'your choices' or even 'customise', like The Register, because let's be honest is there a single person in the world who thinks, "you know what I really want Tailored Advertising but would rather not send Analytics"
"I want to make data protection easy – easy for industry to implement at low cost, easy for consumers to exercise privacy-friendly choices in their marketplace"
So that's basically a regression then, and companies will go back to their old we don't care approach, consumers can't exercise a privacy-friendly choice when no one is willing to maintain consumers privacy. Followed by a la la la we can't be bothered to confront big tech firms because we let them get to big