Podcasts about Information commissioner

Hello, and welcome to episode 194 of the Financial Crime Weekly Podcast, I am Chris Kirkbride. In this episode, the UK's most forceful sanctions package to date, which targets major Russian oil producers, shadow fleet tankers, and 90 entities linked to Kremlin energy revenues. Separately, OFSI has reported of a record £37 billion in frozen assets, and the extension of a General Trade Licence covering sectoral software and technology under Russia sanctions. On fraud, the FCA urges banks to strengthen defences against romance scams, and the Information Commissioner's Office has fined Capita following a 2023 cyberattack. Additionally, we explore international coordination efforts, including Transparency France spotlighting the Anti-Money Laundering Contact Board, and Eurojust addressing challenges in asset recovery, the rise of crypto-assets, and the use of professional laundering services.A transcript of this podcast, with links to the stories, will be available at www.crimes.financial.

This week the team discuss Windows 10's role in the battle against software obsolescence, Clearview's slap down by the Information Commissioner's Office, Equity's fight with AI and a return to pen and ink for British business.Our Hot Hardware of the Week nominee is the Unifi UNAS-2

Wrapping up this season of Data Bytes, we examine the expanded powers given to the Information Commissioner’s Office (ICO) and what this means for data protection investigations now and in the future. Host Rhiannon Webster is joined by Ashurst colleagues Anthony Asindi and Tom Brookes to zoom in on an area of the Data (Use And Access) Act that some have overlooked – the changes to the investigatory powers of the UK’s data protection regulator. The ICO (soon to be rebadged as The Information Commission) deals with a huge volume of complaints and data breach reports annually. Rhiannon, Anthony and Tom pinpoint three notable new powers that the ICO will soon have: to compel the production of documents, to require controllers or processors to provide a report on a specified matter, and to compel individuals to attend interviews and answer questions. As well as outlining which powers are effective now and when the other powers are likely to come into force, the podcast covers restrictions on the powers including privilege and self-incrimination – with a notable exception being where individuals may be required to answer potentially self-incriminating questions if they relate to Data Protection Act breaches. Anthony notes that refusing to cooperate could become "an aggravating factor" leading to higher fines for the controller or processor. Tom identifies the mandatory report power as a potential "game changer," shifting the investigative burden and costs to organisations while potentially allowing the ICO to investigate more cases. Anthony offers some illuminating comparisons with the FCA’s powers under the Financial Services and Markets Act (while cautioning that we don’t know certain that the ICO will follow a similar approach). And Tom adds that the ICO should soon provide guidance on its new powers and the circumstances where those might be applied. To listen to this – and all our previous Data Bytes episodes – search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts. The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.See omnystudio.com/listener for privacy information.

** There are less than 10 tickets remaining for the live recording of Uncommons with Catherine McKenna on Thursday Oct 2nd. Register for free here. **On this two-part episode of Uncommons, Nate digs into Bill C-2 and potential impacts on privacy, data surveillance and sharing with US authorities, and asylum claims and refugee protections.In the first half, Nate is joined by Kate Robertson, senior researcher at the University of Toronto's Citizen Lab. Kate's career has spanned criminal prosecutions, regulatory investigations, and international human rights work with the United Nations in Cambodia. She has advocated at every level of court in Canada, clerked at the Supreme Court, and has provided pro bono services through organizations like Human Rights Watch Canada. Her current research at Citizen Lab examines the intersection of technology, privacy, and the law.In part two, Nate is joined by Adam Sadinsky, a Toronto-based immigration and refugee lawyer and co-chair of the Canadian Association of Refugee Lawyers' Advocacy Committee. Adam has represented clients at every level of court in Canada, including the Supreme Court, and was co-counsel in M.A.A. v. D.E.M.E. (2020 ONCA 486) and Canadian Council for Refugees v. Canada (2023 SCC 17).Further Reading:Unspoken Implications A Preliminary Analysis of Bill C-2 and Canada's Potential Data-Sharing Obligations Towards the United States and Other Countries - Kate Robertson, Citizen LabKate Robertson Chapters:00:00 Introduction & Citizen Lab03:00 Bill C-2 and the Strong Borders Act08:00 Data Sharing and Human Rights Concerns15:00 The Cloud Act & International Agreements22:00 Real-World Examples & Privacy Risks28:00 Parliamentary Process & Fixing the BillAdam Sadinsky Chapters:33:33 Concerns Over Asylum Eligibility in Canada36:30 Government Goals and Fairness for Refugee Claimants39:00 Changing Country Conditions and New Risks41:30 The Niagara Falls Example & Other Unfair Exclusions44:00 Frivolous vs. Legitimate Claims in the Refugee System47:00 Clearing the Backlog with Fair Pathways50:00 Broad Powers Granted to the Government52:00 Privacy Concerns and Closing ReflectionsPart 1: Kate RobertsonNate Erskine-Smith00:00-00:01Kate, thanks for joining me.Kate Robertson00:01-00:01Thanks for having me.Nate Erskine-Smith00:02-00:15So I have had Ron Debert on the podcast before. So for people who really want to go back into the archive, they can learn a little bit about what the Citizen Lab is. But for those who are not that interested, you're a senior researcher there. What is the Citizen Lab?Kate Robertson00:16-01:00Well, it's an interdisciplinary research lab based at University of Toronto. It brings together researchers from a technology standpoint, political science, lawyers like myself and other disciplines to examine the intersection between information and communication technologies, law, human rights, and global security. And over time, it's published human rights reports about some of the controversial and emerging surveillance technologies of our time, including spyware or AI-driven technologies. And it's also really attempted to produce a thoughtful research that helps policymakers navigate some of these challenges and threats.Nate Erskine-Smith01:01-02:50That's a very good lead into this conversation because here we have Bill C-2 coming before Parliament for debate this fall, introduced in June, at the beginning of June. And it's called the Strong Borders Act in short, but it touches, I started counting, it's 15 different acts that are touched by this omnibus legislation. The government has laid out a rationale around strengthening our borders, keeping our borders secure, combating transnational organized crime, stopping the flow of illegal fentanyl, cracking down on money laundering, a litany of things that I think most people would look at and say broadly supportive of stopping these things from happening and making sure we're enhancing our security and the integrity of our immigration system and on. You, though, have provided some pretty thoughtful and detailed rational legal advice around some of the challenges you see in the bill. You're not the only one. There are other challenges on the asylum changes we're making. There are other challenges on lawful access and privacy. You've, though, highlighted, in keeping with the work of the Citizen Lab, the cross-border data sharing, the challenges with those data sharing provisions in the bill. It is a bit of a deep dive and a little wonky, but you've written a preliminary analysis of C2 and Canada's potential data sharing obligations towards the U.S. and other countries, unspoken implications, and you published it mid-June. It is incredibly relevant given the conversation we're having this fall. So if you were to at a high level, and we'll go ahead and some of the weeds, but at a high level articulate the main challenges you see in the legislation from the standpoint that you wrote in unspoken implications. Walk us through them.Kate Robertson02:51-06:15Well, before C2 was tabled for a number of years now, myself and other colleagues at the lab have been studying new and evolving ways that we're seeing law enforcement data sharing and cross-border cooperation mechanisms being put to use in new ways. We have seen within this realm some controversial data sharing frameworks under treaty protocols or bilateral agreement mechanisms with the United States and others, which reshape how information is shared with law enforcement in foreign jurisdictions and what kinds of safeguards and mechanisms are applied to that framework to protect human rights. And I think as a really broad trend, what is probably most, the simplest way to put it is that what we're really seeing is a growing number of ways that borders are actually being exploited to the detriment of human rights standards. Rights are essentially falling through the cracks. This can happen either through cross-border joint investigations between agencies in multiple states in ways that essentially go forum shopping for the laws and the most locks, that's right. You can also see foreign states that seek to leverage cooperation tools in democratic states in order to track, surveil, or potentially even extradite human rights activists and dissidents, journalists that are living in exile outside their borders. And what this has really come out of is a discussion point that has been made really around the world that if crime is going to become more transient across borders, that law enforcement also needs to have a greater freedom to move more seamlessly across borders. But what often is left out of that framing is that human rights standards that are really deeply entrenched in our domestic law systems, they would also need to be concurrently meaningful across borders. And unfortunately, that's not what we're seeing. Canada is going to be facing decisions around this, both within the context of C2 and around it in the coming months and beyond, as we know that it has been considering and in negotiation around a couple of very controversial agreements. One of those, the sort of elephant in the room, so to speak, is that the legislation has been tabled at a time where we know that Canada and the United States have been in negotiations for actually a couple of years around a potential agreement called the CLOUD Act, which would quite literally cede Canada's sovereignty to the United States and law enforcement authorities and give them really a blanket opportunity to directly apply surveillance orders onto entities, both public and private in Canada?Nate Erskine-Smith06:16-07:46Well, so years in the making negotiations, but we are in a very different world with the United States today than we were two years ago. And I was just in, I was in Mexico City for a conference with parliamentarians across the Americas, and there were six Democratic congressmen and women there. One, Chuy Garcia represents Chicago district. He was telling me that he went up to ICE officials and they're masked and he is saying, identify yourself. And he's a congressman. He's saying, identify yourself. What's your ID? What's your badge number? They're hiding their ID and maintaining masks and they're refusing to identify who they are as law enforcement officials, ostensibly refusing to identify who they are to an American congressman. And if they're willing to refuse to identify themselves in that manner to a congressman. I can only imagine what is happening to people who don't have that kind of authority and standing in American life. And that's the context that I see this in now. I would have probably still been troubled to a degree with open data sharing and laxer standards on the human rights side, but all the more troubling, you talk about less democratic jurisdictions and authoritarian regimes. Well, isn't the U.S. itself a challenge today more than ever has been? And then shouldn't we maybe slam the pause button on negotiations like this? Well, you raise a number of really important points. And I think thatKate Robertson07:47-09:54there have been warning signs and worse that have long preceded the current administration and the backsliding that you're commenting upon since the beginning of 2025. Certainly, I spoke about the increasing trend of the exploitation of borders. I mean, I think we're seeing signs that really borders are actually, in essence, being used as a form of punishment, even in some respects, which I would say it is when you say to someone who would potentially exercise due process rights against deportation and say if you exercise those rights, you'll be deported to a different continent from your home country where your rights are perhaps less. And that's something that UN human rights authorities have been raising alarm bells about around the deportation of persons to third countries, potentially where they'll face risks of torture even. But these patterns are all too reminiscent of what we saw in the wake of 9-11 and the creation of black sites where individuals, including Canadian persons, were detained or even tortured. And really, this stems from a number of issues. But what we have identified in analyzing potential cloud agreement is really just the momentous decision that the Canadian government would have to make to concede sovereignty to a country which is in many ways a pariah for refusing to acknowledge extraterritorial international human rights obligations to persons outside of its borders. And so to invite that type of direct surveillance and exercise of authority within Canada's borders was a country who has refused for a very long time, unlike Canada and many other countries around the world, has refused to recognize through its courts and through its government any obligation to protect the international human rights of people in Canada.Nate Erskine-Smith09:56-10:21And yet, you wrote, some of the data and surveillance powers in Bill C-2 read like they could have been drafted by U.S. officials. So you take the frame that you're just articulating around with what the U.S. worldview is on this and has been and exacerbated by obviously the current administration. But I don't love the sound of it reading like it was drafted by AmericanKate Robertson10:22-12:43officials. Well, you know, it's always struck me as a really remarkable story, to be frank. You know, to borrow Dickens' tale of two countries, which is that since the 1990s, Canada's Supreme Court has been charting a fundamentally different course from the constitutional approach that's taken the United States around privacy and surveillance. And it really started with persons looking at what's happening and the way that technology evolves and how much insecurity people feel when they believe that surveillance is happening without any judicial oversight. And looking ahead and saying, you know what, if we take this approach, it's not going to go anywhere good. And that's a really remarkable decision that was made and has continued to be made by the court time and time again, even as recently as last year, the court has said we take a distinct approach from the United States. And it had a lot of foresight given, you know, in the 1990s, technology is nowhere near what it is today. Of course. And yet in the text of C2, we see provisions that, you know, I struggle when I hear proponents of the legislation describe it as balanced and in keeping with the Charter, when actually they're proposing to essentially flip the table on principles that have been enshrined for decades to protect Canadians, including, for example, the notion that third parties like private companies have the authority to voluntarily share our own. information with the police without any warrant. And that's actually the crux of what has become a fundamentally different approach that I think has really led Canada to be a more resilient country when it comes to technological change. And I sometimes describe us as a country that is showing the world that, you know, it's possible to do both. You can judicially supervise investigations that are effective and protect the public. And the sky does not fall if you do so. And right now we're literally seeing and see to something that I think is really unique and important made in Canada approach being potentially put on the chopping block.Nate Erskine-Smith12:44-13:29And for those listening who might think, okay, well, at a high level, I don't love expansive data sharing and reduced human rights protections, but practically, are there examples? And you pointed to in your writing right from the hop, the Arar case, and you mentioned the Supreme Court, but they, you know, they noted that it's a chilling example of the dangers of unconditional information sharing. And the commission noted to the potentially risky exercise of open ended, unconditional data sharing as well. But that's a real life example, a real life Canadian example of what can go wrong in a really horrible, tragic way when you don't have guardrails that focus and protect human rights.Kate Robertson13:31-14:56You're right to raise that example. I raise it. It's a really important one. It's one that is, I think, part of, you know, Canada has many commendable and important features to its framework, but it's not a perfect country by any means. That was an example of just information sharing with the United States itself that led to a Canadian citizen being rendered and tortured in a foreign country. Even a more recent example, we are not the only country that's received requests for cooperation from a foreign state in circumstances where a person's life is quite literally in jeopardy. We have known from public reporting that in the case of Hardeep Najjar, before he was ultimately assassinated on Canadian soil, an Interpol Red Notice had been issued about him at the request of the government of India. And the government had also requested his extradition. And we know that there's a number of important circumstances that have been commented upon by the federal government in the wake of those revelations. And it's provoked a really important discussion around the risks of foreign interference. But it is certainly an example where we know that cooperation requests have been made in respect of someone who's quite literally and tragically at risk of loss of life.Nate Erskine-Smith14:57-16:07And when it comes to the, what we're really talking about is, you mentioned the Cloud Act. There's also, I got to go to the notes because it's so arcane, but the second additional protocol to the Budapest Convention. These are, in that case, it's a treaty that Canada would ratify. And then this piece of legislation would in some way create implementing authorities for. I didn't fully appreciate this until going through that. And I'd be interested in your thoughts just in terms of the details of these. And we can make it as wonky as you like in terms of the challenges that these treaties offer. I think you've already articulated the watering down of traditional human rights protections and privacy protections we would understand in Canadian law. But the transparency piece, I didn't fully appreciate either. And as a parliamentarian, I probably should have because there's... Until reading your paper, I didn't know that there was a policy on tabling of treaties That really directs a process for introducing treaty implementing legislation. And this process also gets that entirely backwards.Kate Robertson16:09-17:01That's right. And, you know, in researching and studying what to do with, you know, what I foresee is potentially quite a mess if we were to enter into a treaty that binds us to standards that are unconstitutional. You know, that is a diplomatic nightmare of sorts, but it's also one that would create, you know, a constitutional entanglement of that's really, I think, unprecedented in Canada. But nevertheless, that problem is foreseen if one or both of these were to go ahead. And I refer to that in the cloud agreement or the 2AP. But this policy, as I understand it, I believe it was tabled by then Foreign Affairs Minister Maxime Bernier, as he was at the time, by Prime Minister Harper's government.Nate Erskine-Smith17:02-17:04He's come a long way.Kate Robertson17:07-18:12I believe that the rationale for the policy was quite self-evident at the time. I mean, if you think about the discussions that are happening right now, for example, in Quebec around digital sovereignty and the types of entanglements that U.S. legal process might impact around Quebec privacy legislation. Other issues around the AI space in Ontario or our health sector in terms of technology companies in Ontario. These treaties really have profound implications at a much broader scale than the federal government and law enforcement. And that's not even getting to Indigenous sovereignty issues. And so the policy is really trying to give a greater voice to the range of perspectives that a federal government would consider before binding Canada internationally on behalf of all of these layers of decision making without perhaps even consulting with Parliament First.Nate Erskine-Smith18:12-19:15So this is, I guess, one struggle. There's the specific concerns around watering down protections, but just on process. This just bothered me in particular because we're going to undergo this process in the fall. And so I printed out the Strong Borders Act, Government of Canada Strengthens Border Security and the backgrounder to the law. And going through it, it's six pages when I print it out. And it doesn't make mention of the Budapest Convention. It doesn't make mention of the Cloud Act. It doesn't make mention of any number of rationales for this legislation. But it doesn't make mention that this is in part, at least, to help implement treaties that are under active negotiation. not only gets backwards the policy, but one would have thought, especially I took from your paper, that the Department has subsequently, the Justice Department has subsequently acknowledged that this would in fact help the government implement these treaties. So surely it shouldKate Robertson19:15-19:57be in the background. I would have thought so. As someone that has been studying these treaty frameworks very carefully, it was immediately apparent to me that they're at least relevant. It was put in the briefing as a question as to whether or not the actual intent of some of these new proposed powers is to put Canada in a position to ratify this treaty. And the answer at that time was yes, that that is the intent of them. And it was also stated that other cooperation frameworks were foreseeable.Nate Erskine-Smith19:59-20:57What next? So here I am, one member of parliament, and oftentimes through these processes, we're going to, there's the objective of the bill, and then there's the details of the bill, and we're going to get this bill to a committee process. I understand the intention is for it to be a pretty fulsome committee hearing, and it's an omnibus bill. So what should happen is the asylum components should get kicked to the immigration committee. The pieces around national security should obviously get kicked to public safety committee, and there should be different committees that deal with their different constituent elements that are relevant to those committees. I don't know if it will work that way, but that would be a more rational way of engaging with a really broad ranging bill. Is there a fix for this though? So are there amendments that could cure it or is it foundationally a problem that is incurable?Kate Robertson20:58-21:59Well, I mean, I think that for myself as someone studying this area, it's obvious to me that what agreements may be struck would profoundly alter the implications of pretty much every aspect of this legislation. And that stems in part from just how fundamental it would be if Canada were to cede its sovereignty to US law enforcement agencies and potentially even national security agencies as well. But obviously, the provisions themselves are quite relevant to these frameworks. And so it's clear that Parliament needs to have the opportunity to study how these provisions would actually be used. And I am still left on knowing how that would be possible without transparencyNate Erskine-Smith22:00-22:05about what is at stake in terms of potential agreements. Right. What have we agreed to? If thisKate Robertson22:05-24:57is implementing legislation what are we implementing certainly it's a significantly different proposition now even parking the international data sharing context the constitutional issues that are raised in the parts of the bill that i'm able to study within my realm of expertise which is in the context of omnibus legislation not the entire bill of course yeah um but it's hard to even know where to begin um the the the powers that are being put forward you know i kind of have to set the table a bit to understand to explain why the table is being flipped yeah yeah we're at a time where um you know a number of years ago i published about the growing use of algorithms and AI and surveillance systems in Canada and gaps in the law and the need to bring Canada's oversight into the 21st century. Those gaps now, even five years later, are growing into chasms. And we've also had multiple investigative reports by the Privacy Commissioner of Canada being sent to Parliament about difficulties it's had reviewing the activities of law enforcement agencies, difficulties it's had with private sector companies who've been non-compliant with privacy legislation, and cooperating at all with the regulator. And we now have powers being put forward that would essentially say, for greater certainty, it's finders keepers rules. Anything in the public domain can be obtained and used by police without warrant. And while this has been put forward as a balancing of constitutional norms, the Supreme Court has said the opposite. It's not an all or nothing field. And in the context of commercial data brokers that are harvesting and selling our data, including mental health care that we might seek online, AI-fueled surveillance tools that are otherwise unchecked in the Canadian domain. I think this is a frankly stunning response to the context of the threats that we face. And I really think it sends and creates really problematic questions around what law enforcement and other government agencies are expected to do in the context of future privacy reviews when essentially everything that's been happening is supposedly being green lit with this new completely un-nuanced power. I should note you are certainly not alone in theseNate Erskine-Smith24:57-27:07concerns. I mean, in addition to the paper that I was talking about at the outset that you've written as an analyst that alongside Ron Deaver in the Citizen Lab. But there's another open letter you've signed that's called for the withdrawal of C2, but it's led by open media. I mean, BCCLA, British Columbia Civil Liberties Association, the Canadian Civil Liberties Association, the Canadian Council for Refugees, QP, International Civil Liberties Monitoring Group, Penn Canada, the Center for Free Expression, privacy experts like Colin Bennett, who I used be on the Privacy Committee and that were pretty regular witnesses. You mentioned the Privacy Commissioner has not signed the open letter, but the Privacy Commissioner of both Canada and the Information Commissioner of Ontario, who's also responsible for privacy. In the context of the treaties that you were mentioning, the Budapest Convention in particular, they had highlighted concerns absent updated, modernized legislation. And at the federal level, we have had in fits and starts attempts to modernize our private sector privacy legislation. But apart from a consultation paper at one point around the Privacy Act, which would apply to public sector organizations, there's really been no serious effort to table legislation or otherwise modernize that. So am I right to say, you know, we are creating a myriad number of problems with respect to watering down privacy and human rights protections domestically and especially in relation to foreign governments with relation to data of our citizens here. And we could potentially cure those problems, at least in part, if we modernize our privacy legislation and our privacy protections and human rights protections here at home. But we are, as you say, a gap to chasm. We are so woefully behind in that conversation. It's a bit of an odd thing to pass the open-ended data sharing and surveillance piece before you even have a conversation around updating your privacy protections.Kate Robertson27:07-28:13Yeah, I mean, frankly, odd, I would use the word irresponsible. We know that these tools, it's becoming increasingly well documented how impactful they are for communities and individuals, whether it's wrongful arrests, whether it's discriminatory algorithms. really fraught tools to say the least. And it's not as if Parliament does not have a critical role here. You know, in decades past, to use the example of surveillance within Quebec, which was ultimately found to have involved, you know, years of illegal activity and surveillance activities focused on political organizing in Quebec. And that led to Parliament striking an inquiry and ultimately overhauling the mandate of the RCMP. There were recommendations made that the RCMP needs to follow the law. That was an actual recommendation.Nate Erskine-Smith28:14-28:16I'm sorry that it needs to be said, but yeah.Kate Robertson28:16-29:05The safeguards around surveillance are about ensuring that when we use these powers, they're being used appropriately. And, you know, there isn't even, frankly, a guarantee that judicial oversight will enable this to happen. And it certainly provides comfort to many Canadians. But we know, for example, that there were phones being watched of journalists in Montreal with, unfortunately, judicial oversight not even that many years ago. So this is something that certainly is capable of leading to more abuses in Canada around political speech and online activity. And it's something that we need to be protective against and forward thinking about.Nate Erskine-Smith29:05-29:58Yeah, and the conversation has to hold at the same time considerations of public safety, of course, but also considerations for due process and privacy and human rights protections. These things, we have to do both. If we don't do both, then we're not the democratic society we hold ourselves out as. I said odd, you said irresponsible. You were forceful in your commentary, but the open letter that had a number of civil society organizations, I mentioned a few, was pretty clear to say the proposed legislation reflects little more than shameful appeasement of the dangerous rhetoric and false claims about our country emanating from the United States. It's a multi-pronged assault on the basic human rights and freedoms Canada holds dear. Got anything else to add?Kate Robertson30:00-30:56I mean, the elephant in the room is the context in which the legislation has been tabled within. And I do think that we're at a time where we are seeing democratic backsliding around the world, of course, and rising digital authoritarianism. And these standards really don't come out of the air. They're ones that need to be protected. And I do find myself, when I look at some of the really un-nuanced powers that are being put forward, I do find myself asking whether or not those risks are really front and center when we're proposing to move forward in this way. And I can only defer to experts from, as you said, hundreds of organizations that have called attention towards pretty much every aspect of this legislation.Nate Erskine-Smith30:57-31:44And I will have the benefit of engaging folks on the privacy side around lawful access and around concerns around changes to the asylum claim and due process from the Canadian Association of Refugee Lawyers. But as we do see this move its way through Parliament, if we see it move its way through Parliament in the fall, if they're recognizing that the call was for withdrawal, but also recognizing a political reality where if it is to pass, we want to make sure we are improving it as much as possible. If there are amendments along the way, if there are other people you think that I should engage with, please do let me know because this is before us. It's an important piece of legislation. And if it's not to be withdrawn, we better improve it as much as possible.Kate Robertson31:46-32:02I appreciate that offer and really commend you for covering the issue carefully. And I really look forward to more engagement from yourself and other colleagues in parliament as legislation is considered further. I expect you will be a witness at committee,Nate Erskine-Smith32:02-32:06but thanks very much for the time. I really appreciate it. Thanks for having me.Part 2: Adam SadinskyChapters:33:33 Concerns Over Asylum Eligibility in Canada36:30 Government Goals and Fairness for Refugee Claimants39:00 Changing Country Conditions and New Risks41:30 The Niagara Falls Example & Other Unfair Exclusions44:00 Frivolous vs. Legitimate Claims in the Refugee System47:00 Clearing the Backlog with Fair Pathways50:00 Broad Powers Granted to the Government52:00 Privacy Concerns and Closing ReflectionsNate Erskine-Smith33:33-33:35Adam, thanks for joining me.Adam Sadinsky33:35-33:36Thanks for having me, Nate.Nate Erskine-Smith33:36-33:57We've had a brief discussion about this, by way of my role as an MP, but, for those who are listening in, they'll have just heard a rundown of all the concerns that the Citizen Lab has with data surveillance and data sharing with law enforcement around the world. You've got different concerns about C2 and you represent the Canadian Association of Refugee Lawyers. What are your concerns here?Adam Sadinsky33:57-35:31I mean, our biggest concern with this bill is new provisions that create additional categories of folks ineligible to claim asylum in Canada. And specifically to have their hearings heard at the Immigration and Refugee Board. The biggest one of those categories is definitely, a bar on individuals making refugee claims in Canada one year after they have arrived in Canada, and that's one year, whether they have been in Canada for that whole year or they left at some point and came back. Those folks who have been here, who came more than a year ago, if they now fear persecution and want to make a claim for refugee protection, this bill would shunt them into an inferior system where rather than having a full hearing in their day in court.Their application will be decided by an officer of immigration, alone, sitting in the cubicle, probably, with some papers in front of them. That person is going to make an enormous decision about whether to send that person back home where they feared persecution, torture, death. Our position is that this new form of ineligibility. Is unfair. it doesn't meet the government's goals, as we understand them, and we share, we share the views of organizations like, Citizen Lab, that the bill should be withdrawn. There are other ways to do this, but this bill is fundamentally flawed.Nate Erskine-Smith35:31-35:57Let's talk about government goals. Those looking at the influx of temporary residents in Canada specifically, and I don't, and I don't wanna pick on international students, but we've seen a huge influx of international students just as one category example. And they've said, well, if someone's been here for a year and they didn't claim right away, they didn't come here to claim asylum. Because they would've claimed within that first year, presumably, you know, what's the problem with, uh, with a rule that is really trying to tackle this problem.Adam Sadinsky35:57-38:33The issue is, I mean, Nate, you had mentioned, you know, people who had come to Canada, they didn't initially claim and it didn't initially claim asylum, temporary residents. What do we do about it? I wanna give a couple of examples of people who would be caught by this provision, who fall into that category. But there's legitimate reasons why they might claim more than a year after arriving in Canada. The first is someone who came to Canada, student worker, whatever. At the time they came to Canada, they would've been safe going back home they didn't have a fear of returning back home. But country conditions change and they can change quickly. The Taliban takeover of Afghanistan in 2021, was a stark example there may have been people who came to Canada as students planning to go back to Afghanistan and rebuild their country. As the bill is currently written. If there were to be a situation like that, and there will be some other Afghanistan, there will be some other situation down the line. Those people who weren't afraid when they originally came to Canada and now have a legitimate claim, will have an inferior, process that they go through, one that is riddled with issues, examples of unfairness compared to the refugee, the regular refugee system, and a lack of protection from deportation, pending any appeal.So that's one category. A second category is people who were afraid of going back home when they came to Canada but didn't need to claim asylum because they had another avenue to remain in Canada. So the government advertised, Minister Frazier was saying this often come to Canada, come as a student and there's a well-established pathway. You'll have a study permit, you'll get a post-graduation work permit. This is what the government wanted. The rug has been pulled out from under many of those people. Towards the end of last year when Canada said, okay, it's enough, too many temporary residents. But what about the temporary residents who had a fear of returning home when they came? They went through the system the “right way,” quote unquote. They didn't go to the asylum system. they went through another path. And now they're looking at it. They say, well, you know, I came to Canada to study, but also I'm gay and I'm from a country where, if people know about that, you know, I'll be tortured. Maybe since they've been in Canada, that person in that example, they've been in a relationship, they've been posting on social media with their partner. It is very dangerous so why, why shouldn't that person claim refugee protection through regular means?Nate Erskine-Smith38:33-39:06Is this right on your read of the law as it is written right now, if someone were to come with their family when they're a kid and they were to be in Canada for over a year and then their family were to move back to either the home country or to a different country, and, they wake up as a teenager many years later, they wake up as an adult many years later and their country's falling apart, and they were to flee and come to Canada. By virtue of the fact they've been here for a year as a kid, would that preclude them from making a claim?Adam Sadinsky39:06-39:10It's even worse than that, Nate.Nate Erskine-Smith39:09-39:10Oh, great.Adam Sadinsky39:10-39:47In your example, the family stayed in Canada for more than a year. Yes, absolutely. That person is caught by this provision. But here's who else would be someone comes when they're five years old with their family, on a trip to the United States. during that trip, they decide we want to see the Canadian side of Niagara Falls. They either have a visa or get whatever visa they need, or don't need one. They visit the falls, and at that point that they enter Canada, a clock starts ticking. That never stops ticking. So maybe they came to Canada for two hours.Nate Erskine-Smith39:44-39:45Two hours and you're outta luck.Adam Sadinsky39:45-39:47They go back to the USNate Erskine-Smith39:47-39:47Oh man.Adam Sadinsky39:47-40:09They never come back to Canada again. The way that the bill is written, that clock never stops ticking, right? Their country falls apart. They come back 15 years later. That person is going to have a very different kind of process that they go through, to get protection in Canada, than someone who wouldn't be caught by this bill.Nate Erskine-Smith40:09-40:34Say those are the facts as they are, that's one category. There's another category where I've come as a student, I thought there would be a pathway. I don't really fear persecution in my home country, but I want to stay in Canada we see in this constituency office, as other constituency offices do people come with immigration help or they've got legitimate claims. We see some people come with help with illegitimate claimsAdam Sadinsky40:34-42:46We have to be very careful when we talk about categorizing claims as frivolous. There is no question people make refugee claims in Canada that have no merit. You'll not hear from me, you'll not hear from our organization saying that every 100% of refugee claims made in Canada, are with merit. The issue is how we determine. At that initial stage that you're saying, oh, let's, let's deal quickly with frivolous claims. How do you determine if a claim is frivolous? What if someone, you know, I do a lot of appeal work, we get appeals of claims prepared by immigration consultants, or not even immigration consultants. And, you know, there's a core of a very strong refugee claim there that wasn't prepared properly.Nate Erskine-Smith42:46-42:46Yeah, we see it too. That's a good point.Adam Sadinsky42:46-42:46How that claim was prepared has nothing to do with what the person actually faces back home. We have to be very careful in terms of, quick negative claims, and clearing the decks of what some might think are frivolous claims. But there may be some legitimate and very strong core there. What could be done, and you alluded to this, is there are significant claims in the refugee board's backlog that are very, very strong just based on the countries they come from or the profiles of the individuals who have made those claims, where there are countries that have 99% success rate. And that's not because the board is super generous. It's because the conditions in those countries are very, very bad. And so the government could implement policies and this would be done without legislation to grant pathways for folks from, for example, Eritrea 99ish percent success rate. However, the government wants to deal with that in terms of numbers, but there's no need for the board to spend time determining whether this claim is in the 1%, that doesn't deserve to be accepted. Our view is that 1% being accepted is, a trade off for, a more efficient system.Nate Erskine-Smith42:46-43:30Similarly though, individuals who come into my office and they've been here for more than five years. They have been strong contributors to the community. They have jobs. They're oftentimes connected to a faith organization. They're certainly connected to a community based organization that is going to bat for them. There's, you know, obviously no criminal record in many cases they have other family here. And they've gone through so many appeals at different times. I look at that and I go, throughout Canadian history, there have been different regularization programs. Couldn't you kick a ton of people not a country specific basis, but a category specific basis of over five years, economic contributions, community contributions, no criminal record, you're approved.Adam Sadinsky43:30-44:20Yeah, I'd add to your list of categories, folks who are working in, professions, that Canada needs workers in. give the example of construction. We are facing a housing crisis. So many construction workers are not Canadian. Many of my clients who are refugee claimants waiting for their hearings are working in the construction industry. And the government did that, back in the COVID pandemic, creating what was, what became known as the Guardian Angels Program, where folks who were working in the healthcare sector, on the front lines, combating the pandemic, supporting, folks who needed it, that they were allowed to be taken again out of the refugee queue with a designated, pathway to permanent residents on the basis of the work and the contribution they were doing. All of these could be done.Adam Sadinsky44:20-45:05The refugee system is built on Canada's international obligations under the refugee convention, to claim refugee protection, to claim asylum is a human right. Every person in the world has the right to claim asylum. Individuals who are claiming asylum in Canada are exercising that right. Each individual has their own claim, and that's the real value that the refugee board brings to bear and why Canada has had a gold standard. The refugee system, replicated, around the world, every individual has their day in court, to explain to an expert tribunal why they face persecution. This bill would take that away.Nate Erskine-Smith45:05-46:18Yeah, I can't put my finger on what the other rationale would be though, because why the, why this change now? Well, we have right now, a huge number over a million people who are going to eventually be without status because they're not gonna have a pathway that was originally, that they originally thought would be there. The one frustration I have sometimes in the system is there are people who have come into my office with, the original claim, being unfounded. But then I look at it, and they've been here partly because the process took so long, they've been here for over five years. If you've been here for over five years and you're contributing and you're a member of the community, and now we're gonna kick you out. Like your original claim might have been unfounded, but this is insane. Now you're contributing to this country, and what a broken system. So I guess I'm sympathetic to the need for speed at the front end to ensure that unfounded claims are deemed unfounded and people are deported and legitimate claims are deemed founded, and they can be welcomed. So cases don't continue to come into my office that are over five or over six years long where I go, I don't even care if it was originally unfounded or not. Welcome to Canada. You've been contributing here for six years anyway.Adam Sadinsky46:18-46:33But if I can interject? Even if the bill passes as written, each of these individuals is still going to have what's called a pre-removal risk assessment.Nate Erskine-Smith46:31-46:33They're still gonna have a process. Yeah, exactly.Adam Sadinsky46:33-46:55They're still gonna have a process, and they're still going to wait time. All these people are still in the system. The bill is a bit of a shell game where folks are being just transferred from one process to another and say, oh, wow. Great. Look, we've reduced the backlog at the IRB by however many thousand claims,Nate Erskine-Smith46:53-46:55And we've increased the backlog in the process.Adam Sadinsky46:55-48:25Oh, look at the wait time at IRCC, and I'm sure you have constituents who come into your office and say, I filed a spousal sponsorship application two and a half years ago. I'm waiting for my spouse to come and it's taking so long. IRCC is not immune from processing delays. There doesn't seem to be, along with this bill, a corresponding hiring of hundreds and hundreds more pro officers. So, this backlog and this number of claims is shifting from one place to another. And another point I mentioned earlier within the refugee system within the board, when a person appeals a negative decision, right? Because, humans make decisions and humans make mistakes. And that's why we have legislative appeal processes in the system to allow for mistakes to be corrected. That appeal process happens within the board, and a person is protected from deportation while they're appealing with a pro. With this other system, it's different. The moment that an officer makes a negative decision on a pro that person is now eligible to be deported. CBSA can ask them to show up the next day and get on a plane and go home. Yes, a person can apply for judicial review in the federal court that does not stop their deportation. If they can bring a motion to the court for a stay of removal.Nate Erskine-Smith48:19-48:25You're gonna see a ton of new work for the federal court. You are gonna see double the work for the federal courtAdam Sadinsky48:25-48:39Which is already overburdened. So unless the government is also appointing many, many new judges, and probably hiring more Council Department of Justice, this backlog is going to move from one place to another.Nate Erskine-Smith48:39-48:41It's just gonna be industry whack-a-mole with the backlog.Adam Sadinsky48:41-48:52The only way to clear the backlog is to clear people out of it. There's no fair way to clear folks out of it in a negative way. So the only way to do that is positively.Nate Erskine-Smith48:52-49:37In the limited time we got left, the bill also empowers the governor and council of the cabinet to cancel documents, to suspend documents. And just so I've got this clearer in my mind, so if, for example: say one is a say, one is a student on campus, or say one is on a, on a work permit and one is involved in a protest, and that protest the government deems to be something they don't like. The government could cancel the student's permit on the basis that they were involved in the protest. Is that right? The law? Not to say that this government would do that. But this would allow the government to legally do just that. Am I reading it wrong?Adam Sadinsky49:37-50:46The bill gives broad powers to the government to cancel documents. I think you're reading it correctly. To me, when I read the bill, I don't particularly understand exactly what is envisioned. Where it would, where the government would do this, why a government would want to put this in. But you are right. I would hope this government would not do that, but this government is not going to be in power forever. When you put laws on the books, they can be used by whomever for whatever reason they can they want, that's within how that law is drafted. You know, we saw down south, you know, the secretary of State a few months ago said, okay, we're gonna cancel the permits of everyone from South Sudan, in the US because they're not taking back people being deported. It's hugely problematic. It's a complete overreach. It seems like there could be regulations that are brought in. But the power is so broad as written in this law, that it could definitely be used, for purposes most Canadians would not support.Nate Erskine-Smith50:46-51:07And, obviously that's a worst case scenario when we think about the United States in today's political climate. But, it's not clear to your point what the powers are necessary for. If we are to provide additional powers, we should only provide power as much as necessary and proportionate to the goal we want to achieve. Is there anything else you want to add?Adam Sadinsky51:07-51:43I just wanna touch, and I'm sure you got into a lot of these issues, on the privacy side but. The privacy issues in this bill bleed over into the refugee system with broad search powers, um, particularly requiring service providers to provide information, we are concerned these powers could be used by CBSA, for example, to ask a women's shelter, to hand over information about a woman claiming refugee protection or who's undocumented, living in a shelter, we have huge concerns that, you know, these powers will not just be used by police, but also by Canada Border Services and immigration enforcement. I'm not the expert on privacy issues, but we see it we see the specter of those issues as well.Nate Erskine-Smith51:43-52:22That's all the time we got, but in terms of what would help me to inform my own advocacy going forward is, this bill is gonna get to committee. I'm gonna support the bill in committee and see if we can amend it. I know, the position of CARL is withdraw. The position of a number of civil society organizations is to withdraw it. I think it's constructive to have your voice and others at committee, and to make the same arguments you made today with me. Where you have. I know your argument's gonna be withdrawn, you'll say then in the alternative, here are changes that should be made. When you've got a list of those changes in detailed, legislative amendment form, flip them to me and I'll share the ideas around the ministry and around with colleagues, and I appreciate the time. Appreciate the advocacy.Adam Sadinsky52:22-52:24Absolutely. Thank you. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.uncommons.ca

We're learning more about how the TikTok deal will look and just how much money will flow back to China This isn't going to be just an ownership play, which largely explains why US Vice President JD Vance said the price tag for the sale would be about $14 billion – far below the $35-$40 billion estimate analysts had expected. They will have an ownership stake, but that's in addition to licensing fees and profit sharing. This group of investors is said to include names like Rupert Murdoch and Michell Dell, as well as Oracle who currently host TikTok's US data. Between the two, it's estimated about half the profits of TikTok US will go back to ByteDance. Critics will say the law doesn't allow for "cooperation", while those in favour will focus on the "operation of" part of the language. Will other nations opt to take the US version? In Australia this is the question on the table. Liberal senator James Paterson is suggesting that if the deal went ahead, then Australia should move to the US version of the app. Ad-free Facebook and Instagram is coming to the UK Paid versions of Facebook and Instagram in the UK will remove advertising from both platforms. Users will be given the choice to pay £3-£4 a month to access ad-free versions of either service. The UK's privacy watchdog, the Information Commissioner's Office, "welcomed" the new model, saying it moves Meta away from targeting users with ads as part of the standard terms and conditions. Based on that price point, it means we're each worth about $65 USD a year to Meta – around $110 NZD a year. LISTEN ABOVE See omnystudio.com/listener for privacy information.

A round-up of the day's news with Beth Espey, including is the Isle of Man really a ‘hotbed' for organised crime, as a UK national newspaper claimed? We'll have the official answer.Also, an MHK calls on the Department of Education to rethink its school uniform policy, the Information Commissioner responds to the government's AI announcements, and we reveal which Manx words have made it into the Oxford English Dictionary.

In the penultimate episode of this season of Data Bytes, we look at how digital identity provisions will reshape the world as we know it. Physical ID cards may soon be a thing of the past, and that could have huge implications for society and businesses. Host Rhiannon Webster is joined by Ashurst colleague Fiona Ghosh to explain how digital IDs are swiftly changing how we live and work. Together, they discuss how the Data (Use and Access) Act creates a regulatory framework for digital identity to operate under government oversight. Rhiannon offers an overview of the Act’s provisions including the statutory trust framework, supplementary codes and a new register of digital verification service providers. She also discusses the profound security implications of digital ID and potential multi-regulation scenarios where financial services firms might have to report breaches to the Information Commissioner's Office (ICO), Financial Conduct Authority (FCA), Payment Systems Regulator (PSR) and the new Office for Digital Identity And Attributes. Fiona points out that, “the main impact of digital ID will be the enablement for citizens to access services in multidisciplinary ways”. For example, citizens will be able to choose how to access their benefits or records – physically or electronically. And she raises questions around resilience when businesses move to the cloud and the level of expectation (and trust) that citizens now place in digital wallets and ID.To listen to this and subscribe to future Data Bytes episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. To explore more from Ashurst’s podcast library, visit ashurst.com/podcasts. The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.See omnystudio.com/listener for privacy information.

The division between Jeremy Corbyn and Zarah Sultana grows over the botched launch of a new left party. Plus: TikTok has fired its entire UK online safety team, and we speak to Clive Lewis about the mainstreaming of far-right politics. With Michael Walker and Aaron Bastani.

Hello, and welcome to episode 185 of the Financial Crime Weekly Podcast, I am Chris Kirkbride. In this episode, on sanctions, the US Treasury's imposition of sanctions on Sudanese Islamist figures over Iran ties and a global network funding Iran's military and terrorist activities. We look at a $100 million pump-and-dump fraud scheme where Chinese tech executives allegedly defrauded US investors. On the cybercrime front, we cover the data breach at luxury group Kering, owner of Gucci, and the crippling cyberattack on Jaguar Land Rover, which has compromised sensitive data, disrupted production, and is estimated to have cost £1 billion in lost production. Furthermore, we'll look at the commentary from the Royal United Services Institute arguing that the global anti-financial crime system is "fundamentally broken," despite over $200 billion spent annually on compliance, urging systemic reform and real-time data sharing. Finally, we'll touch on the UK's significant increase in asset recovery, the National Crime Agency taking the helm of the Five Eyes Law Enforcement Group amid rising global threats, efforts to promote integrity in education in Moldova, and a warning from the Information Commissioner's Office about a surge in cyber attacks within UK schools, often caused by students themselves.A transcript of this podcast, with links to the stories, will be available at www.crimes.financial.

A dispute over a freedom of information request prompted the Supreme Court to consider how qualified exemptions are used by public bodies. https://uklawweekly.substack.com/subscribe Music from bensound.com

The Data (Use and Access) Act (DUA Act) finally became law in June after a lengthy Parliamentary journey and various iterations. The DUA Act updates the UK's legislative landscape to facilitate effective data usage, including by amending the UK's data protection laws. It also provides the legislative foundations for the introduction of “smart data” data sharing schemes in sectors across the economy,  which have the potential to boost UK GDP by over £30 billion year, according to Government estimates.   In this podcast, Cindy Knott and Bryony Bacon discuss: the scope of the DUA Act and what its changes to the data protection regime mean for businesses in the UK; the changes made to the UK data regulator, the Information Commissioner's Office, including its uplifted fining powers in connection with marketing, cookie and other tracking technology infringements; and the practical steps organisations should be taking now.

The digital world offers a unique sanctuary for neurodiverse children—a place where they can connect, explore, and engage in ways that might feel challenging in person. But this digital refuge comes with hidden costs as platforms silently harvest our children's personal data, using it in ways most parents don't fully understand.Deputy Commissioner Emily Keaney from the Information Commissioner's Office pulls back the curtain on what's really happening when your child scrolls through social media or plays online games. From recommender systems that create detailed profiles of your child's interests to geolocation settings that can expose their physical whereabouts, the conversation reveals the mechanics of data collection that operate just beneath the surface of your child's favourite apps.What makes this discussion particularly valuable is its practical approach. Rather than inducing panic, Keaney shares concrete successes where regulatory pressure has forced major platforms like TikTok, Instagram, and X (formerly Twitter) to implement stronger privacy protections specifically for young users. She explains how sophisticated age verification technologies are becoming increasingly common, ensuring children receive appropriate safeguards even when they've managed to circumvent parental controls.For parents of neurodiverse children who may be especially vulnerable online, the episode offers a perfect balance of technical insight and practical guidance. Learn why simply checking privacy settings isn't enough and how ongoing conversations about digital safety can be naturally integrated into family life. Discover the power of showing genuine curiosity about your child's online experiences rather than approaching them with suspicion.What emerges is a heartening message: parents aren't alone in this fight. Through significant fines and regulatory action, the ICO is steadily shifting the burden of protection away from overwhelmed parents and onto the powerful platforms profiting from our children's attention. Join us to understand how you can better protect your child while still allowing them to benefit from the connection and community the digital world provides.Got questions about protecting your child online? Join our private WhatsApp community where parents share experiences and support each other through the challenges of raising neurodiverse children in a digital age.ICO Website Children's CodeEmily Keaney's Blog – Protecting Children's DataPress Release on TikTok and Investigations www.sendparenting.com

Ger Deering, Information Commissioner, discusses the Information Commission's Annual Report 2024

What are the latest trends in large-scale cyberattacks, and how can individuals help prevent them?Large-scale cyberattacks, especially Distributed Denial of Service (DDoS), are growing in both scale and sophistication. One recent attack hit 7.3 Tbps, unleashing 37.4 TB of junk traffic in 45 seconds. These attacks often harness botnets made up of compromised Internet of Things (IoT) devices—like home routers or cameras—that have default credentials or unpatched software.How to help prevent this:Change default passwords on IoT devicesRegularly update firmwareDisable unused services (e.g., Telnet)Use firewalls and segment your networkHow do smart TVs and other smart devices compromise privacy, and what's being done?Smart devices like TVs and speakers often use Automatic Content Recognition (ACR) to monitor what you're watching and send this data to manufacturers or advertisers—often without clear consent. This data fuels detailed user profiling and cross-device tracking.In response, the UK's Information Commissioner's Office (ICO) now requires manufacturers to ensure transparency, secure data handling, and routine data deletion—or face enforcement. Consumers can protect themselves by disabling ACR (e.g., SyncPlus on Samsung, Live Plus on LG) and reviewing privacy settings.What are the current limitations of LLM-based AI in enterprise settings?A Salesforce-led study found that large language model (LLM) AI agents succeed at only 58% of basic CRM tasks and just 35% of multi-step ones. More concerning, they exhibit poor confidentiality awareness. Prompting helps slightly but often hurts task accuracy. Current benchmarks fail to assess sensitivity to confidential data, raising red flags for enterprise use without rigorous testing.What are the geopolitical implications of AI and cyber operations?AI and cyber tools are shaping geopolitical strategies. The U.S. accuses Chinese AI firm DeepSeek of aiding military intelligence and bypassing export controls. Chinese law further mandates data sharing with its government, raising global privacy concerns. Meanwhile, cyberattacks are weaponized to disrupt infrastructure and spread disinformation—as seen in Iran's state TV hijacking and a $90M crypto exchange hack.How do data brokers threaten personal safety, and what can you do?Data brokers compile and sell personal data—including home addresses—without vetting buyers. This can lead to stalking or worse, as shown in the murder of Rep. Melissa Hortman, allegedly found via a “people search” site.The U.S. lacks federal regulation, but California's "Delete Act" is a step forward. Until broader laws are in place, individuals must manually opt out of data broker sites or hire services to assist in removing their information.How are ransomware groups evolving?Groups like Qilin are getting more professional. Their “Call a Lawyer” service gives affiliates legal guidance to classify stolen data, assess damages, and negotiate ransoms more effectively—maximizing economic pressure on victims. It's a troubling move toward organized, businesslike cybercrime.Why is ACR in smart TVs a privacy issue?ACR continuously scans all video content viewed on your TV—even from HDMI devices—and sends data to third parties. It enables:Tracking without consentData monetization for targeted adsCross-device profilingPotential security risks from unmaintained TV firmwareWhy should you secure IoT devices?Unpatched IoT devices can be infected and used in global botnet attacks. By securing your devices, you're not only protecting yourself but also helping reduce the scale of global cyber threats.

In this week's update: A massive 7.3Tbps DDoS attack overwhelmed a Cloudflare customer's site with 37.4 terabytes of junk traffic in just 45 seconds, highlighting the growing scale of cyber threats.Smart TVs equipped with Automatic Content Recognition (ACR) technology track viewing habits across devices, raising significant privacy concerns due to extensive data collection.Then the UK's Information Commissioner's Office has issued new guidance to curb excessive data collection by smart devices like TVs, speakers, and air fryers, prioritizing user privacy.A Salesforce study revealed that LLM-based AI agents achieve only 58% success on simple CRM tasks and struggle with confidentiality, exposing gaps in real-world enterprise applications.U.S. officials claim Chinese AI firm DeepSeek is aiding China's military and evading export controls, raising concerns about its global AI model usage.The suspected killer of Minnesota State Rep. Melissa Hortman allegedly used online “people search” sites to find her address, underscoring the dangers of unregulated data brokers.Iran's state TV was hijacked and its largest crypto exchange lost $90 million in cyberattacks, signaling the rising role of cyber operations in geopolitical conflicts.The Qilin ransomware group now offers a “Call a Lawyer” service to its affiliates, providing legal advice to enhance extortion efforts and project professionalism.Drop the telly, we've got a lot to cover this week!For the full transcript to this podcast click here.

Let's face it, we're so accustomed to seeing those little pop-up windows when landing on a website that we barely pay any attention to them anymore. Cookies have become ubiquitous, and whether it's out of convenience or sheer habit, we tend to accept them without much thought. But those innocuous-seeming cookies actually harbour a wealth of information about us. The UK's Information Commissioner's Office defines a cookie as "a small file of letters and numbers that is downloaded on to your computer when you visit a website.” It also says that “Cookies are used by many websites and can do a number of things, e.g. remembering your preferences, recording what you have put in your shopping basket, and counting the number of people looking at a website.” What exactly are they for then? What happens if we opt to refuse cookies? In under 3 minutes, we answer your questions! To listen to the last episodes, you can click here: ⁠Why is sugar bad for our memory?⁠ ⁠Does the law of attraction really work?⁠ ⁠How can I stay trendy buying only second hand clothes?⁠ A podcast written and realised by Joseph Chance. First Broadcast: 29/2/2024 Learn more about your ad choices. Visit megaphone.fm/adchoices

What legal responsibilities does a company have to keep your data secure?M&S, and the Co-op are picking up the pieces after their systems were hacked. The cyber criminals claim to have the private information of 20 million people who signed up to Co-op's membership scheme, but the firm have not confirmed that number. The Co-op says the breach did not include members' passwords, bank or credit card details. However, experts say seemingly innocent information can be used to commit fraud or identity theft.Companies aren't the only target; on Monday this week, the Ministry of Justice revealed that the Legal Aid Agency was also hacked in April. So can you sue if your private data is stolen in this way? And if you're the employee who clicked on a hacker's dodgy link in an email, how liable are you for any losses that occur?Also on the programme: How survivors of domestic violence in Scotland want to be told if their attackers make plea deals. Presenter: Joelle Grogan Producers: Ravi Naik and Charlotte Rowles Editor: Tara McDermottContributors Joe Tidy, BBC Cyber Correspondent Tim Capel, Legal Counsel for the Information Commissioner's Office Ian Jeffrey, Chief Executive of the Law Society Brian McConnachie KC, a former crown prosecutor and now a senior advocate:

 Rachel Westaway is the Liberal Member for Prahran, elected in February 2025. With a background in the Administrative Appeals Tribunal and as former Assistant Freedom of Information Commissioner for Victoria,... LEARN MORE The post Saturday 17th, May, 2025: Rachel Westaway MP – Liberal Member for Prahran appeared first on Saturday Magazine.

Michael Duffy, President Donald Trump's nominee for Undersecretary of Defense for Acquisition and Sustainment, has committed to reviewing the Pentagon's Cybersecurity Maturity Model Certification (CMMC) 2.0 if confirmed. This revamped program, effective since December, mandates that defense contractors handling controlled, unclassified information comply with specific cybersecurity standards to qualify for Department of Defense contracts. Concerns have been raised about the burden these regulations may impose on smaller firms, with a report indicating that over 50% of respondents felt unprepared for the program's requirements. Duffy aims to balance security needs with regulatory burdens, recognizing the vulnerability of small and medium-sized businesses in the face of cyber threats.In addition to the CMMC developments, the General Services Administration (GSA) is set to unveil significant changes to the Federal Risk Authorization Management Program (FedRAMP). The new plan for 2025 focuses on establishing standards and policies rather than approving cloud authorization packages, which previously extended the process for up to 11 months. The GSA intends to automate at least 80% of current requirements, allowing cloud service providers to demonstrate compliance more efficiently, while reducing reliance on external support services.Across the Atlantic, the UK government has announced a comprehensive cybersecurity and resilience bill aimed at strengthening defenses against cyber threats. This legislation will bring more firms under regulatory oversight, specifically targeting managed service providers (MSPs) that provide core IT services and have extensive access to client systems. The proposed regulations will enhance incident reporting requirements and empower the Information Commissioner's Office to proactively identify and mitigate cyber risks, setting higher expectations for cybersecurity practices among MSPs.The episode also discusses the implications of recent developments in AI and cybersecurity. With companies like SolarWinds, CloudFlare, and Red Hat enhancing their offerings, the integration of AI into business operations raises concerns about security and compliance. The ease of generating fake documents using AI tools poses a significant risk to industries reliant on document verification. As the landscape evolves, IT service providers must adapt by advising clients on updated compliance practices and strengthening their cybersecurity measures to address these emerging threats. Four things to know today 00:00 New Regulatory Shifts for MSPs: CMMC 2.0, FedRAMP Overhaul, and UK Cyber Security Bill05:21 CISA Cuts and Signal on Gov Devices: What Could Go Wrong?08:15 AI Solutions Everywhere! SolarWinds, Cloudflare, and Red Hat Go All In11:37 OpenAI's Image Generation Capabilities Raise Fraud Worries: How Businesses Should Respond  Supported by:  https://www.huntress.com/mspradio/https://cometbackup.com/?utm_source=mspradio&utm_medium=podcast&utm_campaign=sponsorship  Join Dave April 22nd to learn about Marketing in the AI Era.  Signup here:  https://hubs.la/Q03dwWqg0 All our Sponsors: https://businessof.tech/sponsors/ Do you want the show on your podcast app or the written versions of the stories? Subscribe to the Business of Tech: https://www.businessof.tech/subscribe/Looking for a link from the stories? The entire script of the show, with links to articles, are posted in each story on https://www.businessof.tech/ Support the show on Patreon: https://patreon.com/mspradio/ Want to be a guest on Business of Tech: Daily 10-Minute IT Services Insights? Send Dave Sobel a message on PodMatch, here: https://www.podmatch.com/hostdetailpreview/businessoftech Want our stuff? Cool Merch? Wear “Why Do We Care?” - Visit https://mspradio.myspreadshop.com Follow us on:LinkedIn: https://www.linkedin.com/company/28908079/YouTube: https://youtube.com/mspradio/Facebook: https://www.facebook.com/mspradionews/Instagram: https://www.instagram.com/mspradio/TikTok: https://www.tiktok.com/@businessoftechBluesky: https://bsky.app/profile/businessof.tech

Where is the UK data protection reform headed? How are we to deal with behavioural advertising in the context of sports betting and gambling? Will the UK stay clear of regulating or supervising AI à la EU?  Tim Turner has worked on Data Protection, Freedom of Information (FOI) and Information Rights law since 2001. He started at the Information Commissioner's Office as a Policy Manager on FOI issues. After that, he was a Data Protection & FOI Officer for two councils and then an Information Governance Manager for an NHS (National Health Service) organisation. He has been offering data protection training and consultancy since 2011. Also, Tim is the author of the very popular DPO Daily newsletter and LinkedIn feed.  References: Tim Turner on LinkedIn 2040 Training The DPO Daily on LinkedIn ICO: Action taken against Sky Betting and Gaming for using cookies without consent UK betting giants under fire for ads targeting at-risk gamblers (The Guardian) UK Data Reform: What's Proposed (Bird & Bird) Stephen Almond (ICO): data protection laws as a primary tool for AI governance (Masters of Privacy)  

In this episode of our Securing the Digital Future podcast series, partner Rachael Annear is joined by Lorna Christie from the UK's data regulator, the Information Commissioner's Office (ICO), to discuss how the ICO is collaborating with Ofcom to ensure a coherent approach to regulation where online safety and data protection intersect.

In this MadTech Podcast episode, Aimee Newell Tarín and John Still are joined by independent ad tech expert Shirley Marschall to discuss the latest in media, marketing, and commerce.  They look at The Information Commissioner's Office investigations into TikTok, Reddit and Imgur, Amazon's sales continuing to climb during a boycott period, and Walmart's retail media network. 

Today, Dot discusses TikTok and Reddit coming under the scrutiny of the UK's Information Commissioner's Office, trouble in the creative development process, and new updates from Google.  

Last night was the biggest night in film - the Oscars! The independent film Anora, made for just $5 million, cleaned up winning five awards including best picture and best actress for Mikey Madison - a 25-year-old relative unknown - who was on our programme last month. To give us all the news and highlights, film journalist Karen Krizanovich is in the Woman's Hour studio with Krupa Padhy.The UK data watchdog has launched what it calls a major investigation into TikTok's use of children's personal information. The Information Commissioner's Office (ICO) will inspect the way in which the social media platform uses the data of 13 to 17 year olds to recommend further content to them. Zoe Kleinman, the BBC's technology editor and Dr Kaitlyn Regehr, Associate Professor Director of Digital Humanities at University College London, discuss.Trauma can be a major barrier to seeking medical care. That's according to a new survey from Healthwatch England, which found that women experience trauma more than men and nearly a fifth of respondents who have experienced trauma say they often or fairly often avoid health services. They are calling on the NHS to adopt pocket sized trauma cards for patients to show during appointments, following a successful pilot in Essex. Louise Ansari, Chief Executive of Healthwatch England, the patients champion, and Laura (not her real name), a survivor of sexual trauma and a sessional counsellor for Centre for Action on Rape and Abuse, join Krupa.What could you do before the internet if you thought you might be a lesbian and needed advice? Did you know there were a number of telephone lines around the country that you could call for advice or just for a friendly listening ear? Writer Elizabeth Lovatt discovered the logbooks of calls made to one of these lines and imagines the calls and tells the history of these help lines in her new book, Thank You For Calling The Lesbian Line. Elizabeth and Lisa Power, sexual health and LGBT campaigner and long-time volunteer at one of these lines, join Krupa to discuss.Twiggy turned the modelling world upside down with her androgynous style, big round eyes, bold eyelashes, and pixie haircut, becoming a defining figure and fashion icon of the swinging 60s. Considered the world's first supermodel, she went on to have a successful career in acting and singing, earning two Golden Globes and a Tony nomination, designed fashion ranges, appeared as a judge on America's Next Top Model, and was awarded a damehood for services to the fashion, arts and charity. Now a new documentary, Twiggy, directed by Sadie Frost, is out in cinemas from Friday. Twiggy joins Krupa.Presenter: Krupa Padhy Producer: Kirsty Starkey

Deutsche Telekom and Perplexity announce an upcoming AI phone, Lenovo announces new AI-powered laptops, Google shows off new Screenshare feature for Gemini. MP3 Please SUBSCRIBE HERE for free or get DTNS Live ad-free. A special thanks to all our supporters–without you, none of this would be possible. If you enjoy what you see you canContinue reading "The UK's Information Commissioner's Office Investigates TikTok, Reddit, Imgur Over Children’s Data – DTH"

A Belfast factory is set to supply 5,000 air defence missiles to Ukraine.TikTok is one of several social media platforms being investigated by the Information Commissioner's Office.Suze Cooper talks to the ICO's deputy commissioner for regulatory policy Emily Keaney about the investigation.Also in this episode:Firefly Aerospace's Blue Ghost spacecraft lands on the Moon.OpenAI's Sora video tool is coming to ChatGPT, alongside the launch of GPT-4.5.Microsoft announces the end of Skype, as it shifts focus to Teams.Xiaomi unveils the 15 Ultra, a flagship phone featuring a 200-megapixel periscope camera.Scientists reveal how a man's brain turned to glass during the Mount Vesuvius eruption.Steam hits a new milestone Hosted on Acast. See acast.com/privacy for more information.

On Feb. 10, the Office of the Information Commissioner of Canada published its decision on whether Library and Archives Canada was justified to block the release of the full, un-redacted 1986 report on suspected Nazi war criminals and collaborators who came to Canada after the Second World War. The government archives department claims it can't release everything, because Canada received some key information after the war from an allied foreign government—who wouldn't like it published, even all these years later—and doing so could jeopardize Canada's international relations. Plus, releasing RCMP file numbers could be dangerous. The OIC ruling suggested that B'nai Brith Canada, who has been lobbying for decades to unlock the Canada's murky wartime immigration policies, should take the case to the Federal Court of Canada. And that's just what B'nai Brith Canada has done. On Jan. 21, lawyers for the Jewish human rights group filed documents asking for a judicial review of keeping the so-called "Deschenes Report" secret. On today's episode of The CJN Daily, we're joined by Sam Goldstein, former legal counsel to B'nai Brith Canada, and by historian and author Howard Margolian, a former war crimes investigator who thinks Canada let in relatively few hardcore Nazis back then—but wants the names released as well as their entire case files. Related links Read B'nai Brith's legal application to the Federal Court for a judicial review of Ottawa's refusal to release all the classified war criminals documents. Read the Office of the Information Commissioner's ruling on B'nai Brith's appeal. Read how Pierre Trudeau opposed prosecuting Nazi war criminals who had entered Canada–revealed in the most recent batch of 1986 Deschenes Commission war crimes documents, released by Ottawa in February 2024, in The CJN. Hear why B'nai Brith Canada and historian Alti Rodal continued to push for all the files and names to be released, on The CJN Daily from Oct. 2023 and from September 2024. Credits Host and writer: Ellin Bessner (@ebessner) Production team: Zachary Kauffman (senior producer), Michael Fraiman (executive producer) Music: Dov Beck-Levine Support our show Subscribe to The CJN newsletter Donate to The CJN (+ get a charitable tax receipt) Subscribe to The CJN Daily (Not sure how? Click here)

Let's face it, we're so accustomed to seeing those little pop-up windows when landing on a website that we barely pay any attention to them anymore. Cookies have become ubiquitous, and whether it's out of convenience or sheer habit, we tend to accept them without much thought. But those innocuous-seeming cookies actually harbour a wealth of information about us. The UK's Information Commissioner's Office defines a cookie as "a small file of letters and numbers that is downloaded on to your computer when you visit a website.” It also says that “Cookies are used by many websites and can do a number of things, e.g. remembering your preferences, recording what you have put in your shopping basket, and counting the number of people looking at a website.” What exactly are they for then? What happens if we opt to refuse cookies? In under 3 minutes, we answer your questions! To listen to the last episodes, you can click here: Why is sugar bad for our memory? Does the law of attraction really work? How can I stay trendy buying only second hand clothes? A podcast written and realised by Joseph Chance. First Broadcast: 29/2/2024 Learn more about your ad choices. Visit megaphone.fm/adchoices

Research lead author Dr Charlotte Angus, from the Astrophysical Research Centre at Queen's University in Belfast, on the giant “hiccuping” star, which has been documented for the first time.Scientists research ADHD treatment to find out what actually works best - the London Standard's health reporter Dan Keane explains all.Also in this episode‘12 days of OpenAI' continues…What data is being shared by your ‘internet of things' connected devices? With Stephen Almond, executive director for regulatory risk at the Information Commissioner's OfficeThe RSPB reveal its ‘nature wins of 2024' Hosted on Acast. See acast.com/privacy for more information.

Send us a textOn this week of Serious Privacy, Paul Breitbarth of Catawiki and Dr. K Royal along with esteemed co-host and colleague Ralph O'Brien bring you the opening day of the #GPA (Global Privacy Assembly) in #Jersey. We set up a table in the common room and snagged passing celebrities to join us for some open conversation, such as Paul Vane Information Commissioner at Jersey Office of the Information Commissioner,  and forever favorite Ron de Jesus. We discussed some of the challenges of travel, some fascinating sessions, such as Paul's with four teen girls on their social media presence and concerns about their privacy. So join us for opening day!Tune in for some #livinglearninglaughing. If you have comments or questions, find us on LinkedIn and IG @seriousprivacy @podcastprivacy @euroPaulB @heartofprivacy and on Blue Sky under the same - Serious Privacy, EuroPaulB, and HeartofPrivacy - and email podcast@seriousprivacy.eu. Rate and Review us! Proudly sponsored by TrustArc. Learn more about NymityAI at https://trustarc.com/nymityai-beta/ #heartofprivacy #europaulb #seriousprivacy #privacy #dataprotection #cybersecuritylaw #CPO #DPO #CISO

A recent Accenture survey indicates that nearly two-thirds of businesses are planning to increase their investments in AI and automation over the next two years, driven by positive outcomes from existing initiatives. However, challenges such as data readiness, infrastructure, and skill shortages threaten to hinder successful AI adoption. Gartner's prediction that one-third of generative AI projects may be abandoned by 2025 due to rising costs and unclear business value adds to the urgency for organizations to address these gaps.The episode also highlights the growing concerns surrounding cybersecurity, particularly in the UK, where the National Cyber Security Centre (NCSC) has issued updated guidelines for multi-factor authentication (MFA) in response to rising cyber threats. With ransomware attacks reaching unprecedented levels, the Information Commissioner's Office (ICO) is investigating fewer incidents than ever, raising alarms about the effectiveness of regulatory oversight. The discussion emphasizes the importance of implementing strong security measures, such as MFA, to protect organizations from increasing cyber risks.Host Dave Sobel further explores initiatives aimed at bridging the skills gap in AI and cybersecurity. TD Cinex has launched the Destination AI Practice Accelerator to help partners enhance their AI-driven go-to-market strategies, while Breach Secure Now has introduced an AI Readiness Innovation Assessment to support small and medium-sized businesses in integrating AI into their operations. These programs reflect a growing recognition of the need for tailored support and training to empower businesses in leveraging AI effectively.Finally, the episode touches on the evolving landscape of marketplace-driven sales, as highlighted by Pax8's recent partner conference. With a significant number of European partners anticipating increased marketplace use, the need for service providers to adapt to new sales and procurement models is more critical than ever. As the industry continues to evolve, those who can navigate the complexities of AI, cybersecurity, and marketplace dynamics will be well-positioned Four things to know today00:00 AI Growth Fueled by High Expectations, but Gartner Predicts One-Third of Projects May Be Abandoned by 202505:15 UK Faces Rising Cyber Threats: NCSC Urges Stronger MFA Use, ICO Investigations Hit Record Lows07:36 TD SYNNEX and BSN Help Channel Partners and SMBs Overcome AI Skills Gaps with Tailored Programs10:20 Pax8 Unveils Voyager Alliance Program to Meet Diverse MSP Growth Needs, Emphasizes Marketplace-Driven Sales  Supported by:  https://www.coreview.com/msphttps://www.huntress.com/mspradio/   Event: www.smbTechFest.com/Go/Sobel    All our Sponsors: https://businessof.tech/sponsors/ Do you want the show on your podcast app or the written versions of the stories? Subscribe to the Business of Tech: https://www.businessof.tech/subscribe/Looking for a link from the stories? The entire script of the show, with links to articles, are posted in each story on https://www.businessof.tech/ Support the show on Patreon: https://patreon.com/mspradio/ Want to be a guest on Business of Tech: Daily 10-Minute IT Services Insights? Send Dave Sobel a message on PodMatch, here: https://www.podmatch.com/hostdetailpreview/businessoftech Want our stuff? Cool Merch? Wear “Why Do We Care?” - Visit https://mspradio.myspreadshop.com Follow us on:LinkedIn: https://www.linkedin.com/company/28908079/YouTube: https://youtube.com/mspradio/Facebook: https://www.facebook.com/mspradionews/Instagram: https://www.instagram.com/mspradio/TikTok: https://www.tiktok.com/@businessoftechBluesky: https://bsky.app/profile/businessoftech.bsky.social

  Hosts James and Amy discuss pricing and the question around discounts for certain clients.   1.) MSP Question of the week:  Should you discount your price to win the deal?   " The bitterness of poor quality lingers long after the sweetness of a cheap price is forgotten." - Benjamin Franklin – --- 2.) Notes On The News  The UK's Information Commissioner's Office (ICO) has announced a provisional decision to impose a fine of £6.09M ($7.74 million) on Advanced Computer Software Group Ltd (Advanced) for its failure to protect the personal information of tens of thousands when it was hit by ransomware in 2022. Cyberattacks on Microsoft 365 Security  -- The increased number of cyberattacks on MS 365 data have forced many to adopt tools to protect themselves.  Microsoft copilot “wave 2” was released last week --  Cool thing is they have included tons of user feature requests ( almost 800 ) ---  Our upcoming events and more: SMBTechfest Q4 - Irvine, CA - October 17-18 www.smbtechfest.com Check out Amy's weekly newsletter!  Sign up now: https://mailchi.mp/thirdtier/small-business-tech-news Kernan Consulting “Weekly Tips”!  Sign up now: https://kernanconsulting.com/ 

In this podcast special, ExchangeWire's head of content John Still is joined by the Information Commissioner's Office's deputy commissioner to discuss the ICO's recent study around the data compliance of the UK's top 100 websites

In this episode, Lindsey Rogerson and Rachel Wolcott, senior editors for Regulatory Intelligence in EMEA discuss the UK Financial Conduct Authority's (FCA) approach to Freedom of Information Act (FOIA) compliance.In the UK, most public bodies are subject to FOIA. That means members of the public can request information held by public authorities or by persons providing services to them. That includes the FCA, the Prudential Regulation Authority and the Bank of England. Lindsey and Rachel discuss the importance of using FOIA in their work to uncover information that helps readers and listeners better understand how the regulators work. They talk through several examples of information they've been able to request, including about whistleblowing, enforcement statistics, as well as bullying and harassment allegations made by FCA employees. Recently, however, many of their FOIA requests have been met with resistance from the regulator. Lindsey and Rachel talk about how they appealed the FCA's use of FOIA exemptions —and won. The process brought valuable insights into how the regulator manages FOIA compliance. LINKS FCA response to FOI on guidance for supervisors investigation allegations made by whistleblowers after ICO intervention June 2024: https://www.whatdotheyknow.com/request/protocol_for_supervisors_when_in/response/2684994/attach/4/FOI10712%20Amended%20Response%2020240619.pdf?cookie_passthrough=1 Redacted FCA document: Supervision: Whistleblowing ‘How to Guide' for SPC & Authorisation Divisions: https://www.whatdotheyknow.com/request/protocol_for_supervisors_when_in/response/2684994/attach/5/Annex%20A.pdf?cookie_passthrough=1 Article: FCA report shows "host" ACD compliance has not improved in a decade, s 166s imposed: https://word-edit.officeapps.live.com/we/FCA%20report%20shows%20%22host%22%20ACD%20compliance%20has%20not%20improved%20in%20a%20decade,%20s%20166s%20imposed Article on: UK FCA is still assessing more than 1,100 whistleblower reports from 2023/24: https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fgo-ri.tr.com%2FO3tB1r&data=05%7C02%7Crachel.wolcott%40thomsonreuters.com%7Cba01669a1154474d690a08dcd2715851%7C62ccb8646a1a4b5d8e1c397dec1a8258%7C0%7C0%7C638616631473549097%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=DODZq3z11tZ%2FDZsQvMvYSJWDHOs4gJi7eVZRLslaqGA%3D&reserved=0 H2O decision notice: https://www.fca.org.uk/publication/final-notices/h2o-am-llp-2024.pdf FCA warning notice on Woodford Investment Management Ltd and Neil Woodford: https://www.fca.org.uk/publication/warning-notices/warning-notice-statement-24-3.pdf First Tier Tribunal decision in Paul Carlier v ICO: https://www.bailii.org/uk/cases/UKFTT/GRC/2024/257.htmlArticle on FOIA request about MiFID II recordkeeping investigations: https://www.linkedin.com/posts/rachelwolcott_mifid-enforcement-action-activity-7199352605670555649-BLwt/?utm_source=share&utm_medium=member_desktopArticle: FCA to merge FOIA, personal data disclosure unit into comms team: https://www.linkedin.com/posts/rachelwolcott_fca-to-merge-idt-fully-with-communications-activity-7163815206140239873-HFex/?utm_source=share&utm_medium=member_desktopUK FCA's FoIA request reputational risk assessments, guidelines for journalists' requests are inappropriate –expert (paywall): http://go-ri.tr.com/xqNUHXMeta FOIAsFOI6522, FOI9427, FOI9980 (scroll to the bottom for links. For two of them you may need to request access from the FCA) FCA's response to Lindsey and Rachel's questions: Is the FCA's approach to FOIA and DPA in line with its stated values of acting with integrity and delivering in the public interest? "Yes" Does the FCA still circulate FOI responses to large number of staff in the CEO's office and the COO for comments and sign off? "As we mentioned in our last response to you in March, our approach is in line with ICO guidance and the law." What are the latest IDT performance statistics? "Over the last 12 months from September 2023 to August 2024 (inclusive), we responded to 92% of FOIA requests and 98% of DSARs within the statutory deadline." Has the ICO asked the FCA to perform any remedial work on IDT? Has ICO advised/queried the FCA about safeguards for FOIA and DPA in the new combined IDT/press office arrangements? "No. When we answered your questions in March, we explained that it had been our intention that the information disclosure team would move to a different department within the communications directorate as part of a planned restructure later this year. That move has now happened." Has the FCA stopped internal circulation of lists of new FOIA requests with names of requestors? If not why not?"We continue to circulate the details of new requests, which generally include the names of the requesters, to a limited number of internal stakeholders. We are satisfied that our internal processes are appropriate and lawful, including that our processes are compliant with FOIA and data protection legislation." What further steps has the FCA taken to train IDT/comms staff about using FOIA exemptions?"All IDT staff and internal reviewers have received formal training on the application of the FOI Act and many members of the team are qualified FOIA practitioners. In addition, IDT works closely with our legal division, which provides expert guidance in the interpretation of the most complex aspects of the Act." Has the FCA reviewed its approach to labelling FOIA requests as vexatious following the First-Tier Tribunal case Paul Carlier v Information Commissioner and the FCA? If yes, how? "The FCA continues to consider each request on a case by case basis, in line with the requirements of relevant legislation, ICO guidance and case law. In this case, the ICO agreed with our view the requests were vexatious. The Tribunal, however, decided 'by a narrow margin' they were not, a conclusion it reached 'with some hesitation.' We have therefore been happy to reconsider the requests." From the evidence we have reviewed the FCA's approach to FOIAs and DPAs seemed to be top-down with many senior executives signing off requests and even correcting grammar errors. We are also aware from our own FOIs that there is often months-long delays in responding to requests and appeals. Given this, what is the FCA doing to ensure a more efficient process in line with the legislation? "We have improved our performance on the statutory deadlines for FOIAs and DSARs over the last year. We recognise that we need to do more to improve our performance in processing FOIA Internal Reviews and DSAR complaints. We are currently considering how the existing process can be streamlined to improve its efficiency. Our internal processes are focused on ensuring a clear and quality response, not preventing disclosure which is determined by the law."FOI6522: https://www.whatdotheyknow.com/request/foi6522_request_for_further_info#incoming-2714347FOI9427: https://www.whatdotheyknow.com/request/foi9427_request_for_information#incoming-2713882FOI9980: https://www.whatdotheyknow.com/request/foi_9980_request_for_information#incoming-2711477 Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

Ger Deering, Information Commissioner, outlines details of his annual report which has found that some public bodies are using external legal advisers to outsource Freedom of Information decision making requests.

It's Tuesday, and that means it's time for Ask Rob & Rob! Join us as we tackle two new listener questions…  (0:44) Tom wonders what property investors should be looking for in each party's manifesto for the upcoming July election. He's curious if any appear to favour landlords and investors and which might introduce stricter policies. He turns to Rob & Rob for their insights to help him decide who to vote for based on his investment strategy.  (2:44) Jalon received a payment request from the Information Commissioner's Office and wants to know if the fee is something he's required to pay as a small property investor.  Enjoy the show?  Leave us a review on Apple Podcasts - it really helps others find us!  Sign up for our free weekly newsletter, Property Pulse  Send us your question by calling us on 013 808 00035 and leaving a message with your name and question (normal UK call rates apply) or click here to leave a recording via your computer instead.  Find out more about Property Hub Invest  See omnystudio.com/listener for privacy information.

Liam Kelly, chair Police Federation for Northern Ireland, outlines his reaction to the €750,000 fine imposed by the UK's Information Commissioner's Office on the Police Service of Northern Ireland following a data breach in August 2023.

Simon McDougall doesn't take the easy road, never has.  He likes hard problems and isn't afraid to dig in and try to solve them. Simon has a deep sense of pragmatism and business balance which makes him an effective leader.  He is currently the Chief Compliance Officer of ZoomInfo and was previously Deputy Commissioner for the Information Commissioner's Office (ICO), the UK's independent authority for upholding information rights. While @ the ICO he established new technology policy and innovation functions working on artificial intelligence, adtech, and competition.  Simon also has worked for years in consulting at Promontory (an IBM company) and Deloitte.

A female officer in the military says she was raped by a senior officer who was responsible in the Royal Navy for behaviours and values, including sexual consent. Speaking exclusively to Woman's Hour, the female officer, who we are calling Joanna, reported the incident and her allegations to the military police who brought charges against the officer. However, the Services Prosecution Authority later said that they wouldn't be taking the case forward to a military court. The female officer, who feels she has been forced to leave the military, says that her career has been left in ruins, whilst his continues. The Royal Navy has said “sexual assault and other sexual offences are not tolerated in the Royal Navy and anything which falls short of the highest of standards is totally unacceptable" and that since the alleged incident they "have made significant changes to how incidents are reported and investigated." Nuala spoke to Joanna and the Conservative MP and member of the Defence Select Committee, Sarah Atherton.Period tracker apps claim to help women to predict when they might start their period and calculate the best time to attempt to conceive. The Information Commissioner's Office has said that a third of women have used one. A report out this week, however, has raised serious questions about the way in which this data is used. The study, by Kings College London and University College London, examined the privacy policies and data safety labels of 20 of the most popular of these kind of apps. Anita discusses the findings and implications with BBC Technology Reporter Shiona McCallum and the lead author of the study Dr Ruba Abu-Salma from Kings College London.Known for her dramatic and comedic roles on TV, stage and film the Olivier award-winning actor Tamsin Greig is currently performing in The Deep Blue Sea - Terence Rattigan's 1950's study of obsession and the destructive power of love - at the Theatre Royal Bath. She joined Nuala to explain the appeal of her latest role and why in 1952 legendary actor Peggy Ashcroft said she felt she had no clothes on when playing this part.Talking about her new book, 'How To Win A Grand Prix', Formula One expert Bernie Collins takes Anita behind the scenes of an F1 team, and explains how she forged a career working as a performance engineer at McLaren for names such as Jenson Button, then became Head of Strategy at Aston Martin, with world champion Sebastian Vettel.Journalist Decca Aitkenhead regularly sleepwalks. She talked to Nuala about her night-time escapades which include finding herself locked out in the middle of the night, eating food she'd find disgusting when awake and incredible strength that has seen her smash furniture to pieces. She's joined by neurologist and sleep expert Prof Guy Leschziner who explains what's going on in our brains when we sleepwalk, and how women are affected.How has the role of women in choral music changed? With girls as well as boys now singing in cathedral choirs and more music by female composers being commissioned and performed, women's voices are becoming increasingly prominent. Composer Cecilia McDowell and singer Carris Jones talk about championing and celebrating women in this traditionally male world.Presenter: Anita Rani Producer: Annette Wells Editor: Rebecca Myatt

Period tracker apps claim to help you to predict when you might start your period and calculate the best time to attempt to conceive. The Information Commissioner's Office has said that a third of women have used one. A report out this week, however, has raised serious questions about the way in which this data is used. The study, by Kings College London and University College London, examined the privacy policies and data safety labels of 20 of the most popular of these kind of apps. The authors say it is the most extensive evaluation of its kind completed to date. Anita discusses with BBC Technology Reporter Shiona McCallum and the lead author of the study Dr Ruba Abu-Salma from Kings College London. After going viral on social media earlier this year, new bar La Camionera is planning to open a permanent inclusive venue for “lesbians and their friends”. Reporter Martha Owen has been following as they prepare to open and hears why these spaces are important from DJ Yvonne Taylor, event organisers Jess Whiting Boult and Tabs Benjamin, and poet Joelle Taylor. And Anita Rani is joined by filmmakers Erica Rose and Elina Street, creators of The Lesbian Bar Project, to discuss their award-winning series about lesbian bars in the USA and Germany.                                                                                                                               Director Amanda Nell Eu discusses her award-winning debut feature film, Tiger Stripes. An imaginative coming-of-age story about a girl who transforms into a jungle cat, it was Malaysia's official entry to the 2024 Oscars. But this success came at a cost when the film was censored. Last weekend the Olympic Gold Medallist, Lauren Price MBE, became Wales' first female boxing world champion – winning the WBA, IBO, and Ring Magazine World Titles in spectacular fashion in her hometown of Cardiff by beating WBA welterweight champion Jessica McCaskill. She joins Anita to talk about her achievement, her diverse sporting career and her legacy.Presented by Anita Rani Producer: Louise Corley Studio Engineer: Bob Nettles

John Rustad, BC Conservative Leader; Caroline Maynard, Information Commissioner; The Front Bench with: Carlene Variyan, Melanie Paradis, Gurratan Singh & Rachel Aiello.

“There is a UK AI Regulation - It is called the UK GDPR” (John Edwards, February 2024). Stephen Almond is Executive Director for Regulatory Risk at the UK's Information Commissioner's Office (ICO), leading the teams charged with engineering information rights into the fabric of new ideas, technologies and business models as part of our dynamic digital economy, including through the Digital Regulation Cooperation Forum. Prior to joining the ICO, Stephen led a World Economic Forum initiative to promote the adoption of a more agile, innovation-enabling approach to regulation with governments and tech firms worldwide. He previously worked in leadership roles across the UK Government, including creation of the White Paper on Regulation for the Fourth Industrial Revolution and roll-out of the Regulators' Pioneer Fund, which invested in regulatory sandboxes and similar initiatives to unlock technological innovation. References: Technology and Innovation Directorate at the ICO ICO: Guidance on AI and data protection  ICO: Draft Guidance on Privacy Enhancing Technologies (PETs)  Dragos Tudorache: dealing with foundation models, data protection and copyright in the AI Act (Masters of Privacy)  

Also, a paramilitary show of strength in Roselawn cemetery.

A damning report into the Nicola Bulley case finds that the release of sensitive personal information was “avoidable and unnecessary”. On the release of personal information, Lancashire Police's Deputy Chief Constable Sacha Hatchett said: "We worked proactively with the Information Commissioner's Office immediately after the disclosure was made and they concluded that no action was required against the force.” Following the disappearance which sparked a TikTok frenzy, what can we learn from the review? Adam talks to the former HM Inspector of Constabulary, Zoë Billingham, and disinformation correspondent, Marianna Spring. And, the Covid Inquiry continued, with chief medical officer for England, Chris Whitty, taking the stand. Adam is joined by Alex Thomas from the Institute for Government and health correspondent, Jim Reed. You can join our Newscast online community here: https://tinyurl.com/newscastcommunityhere Today's Newscast was presented by Adam Fleming. It was made by Chris Gray with Beth Ashmead and Sam McLaren. The technical producer was Philip Bull. The senior news editors are Jonathan Aspinwall and Sam Bonham.

Voters' personal details stolen in cyber attack. The Electoral Commission has revealed that they have been the subject of a ‘complex attack' and hackers have accessed electoral registers. BBC cyber correspondent Joe Tidy and Mihaela Jembei from the Information Commissioner's Office join Adam to discuss what we know so far, and who could be behind the breach. Niger has closed its airspace as a military group continues their coup. CNN's international correspondent, and friend of the podcast, Larry Madowo is on to talk about how Russia, France, and the US are all involved in the story. You can join our Newscast online community here: https://tinyurl.com/newscastcommunityhere Today's Newscast was presented by Adam Fleming. It was made by Chris Flynn with Miranda Slade and Joe Wilkinson. The technical producer was Gareth Jones. The senior news editors are Jonathan Aspinwall and Sam Bonham. 02:09 - Electoral Commission cyber attack 17:38 - Niger coup latest