Jon Baines, Mishcon de Reya's newly appointed Data Protection Advisor and chair of the National Association of Data Protection and Freedom of Information Officers in the UK, recently featured in The Irish Times commenting on the potential implications of new rules on data protection:
Asked for predictions on fallout from GDPR in the areas of litigation, enforcement, data subject rights and so on, Baines says there are angles lawyers will look at very carefully, and it is possible that almost any controller, or data processor, could get caught up in costly, “innovative” litigation as the dust settles.
He doesn’t see any particular appetite in the UK – and it is likely the same applies in Ireland – for any sort of “vigorous or novel” action by regulators on the enforcement front. They will, he suggests, look at compliance failings or achievements as aggravating or mitigating factors when deciding what, if any, sanctions to impose.
An increase in the exercise by individuals – data subjects – of their right to access their data is also predicted after May. Baines predicts there may even be some “concerted and mass campaigns”.
“However, I don’t think the increase will be as big as some have been predicting. It will be interesting to see how the regulators, and the courts, respond to such campaigns.”
It is also possible that almost any controller or processor might find itself faced with a complex and costly “right to erasure” request under the regulation, he suggests.
Read the full article here.