Interactive DATA PRIVACY AND PROTECTION
Are you gambling with personal data?
It used to be that the most powerful people in the world were politicians, business leaders, bankers or country rulers. Today, if you want to truly change the world, and ruin the lives of those on the aforementioned list, what you need to be is a hacker.
Adam Rose, Commerical Partner, Mishcon de Reya
Adam is a Commercial Partner in the Corporate department, with over 25 years' experience, specialising in advising clients on IT and commercial contracts, including franchising, agency, distribution and terms of business. He advises clients across a number of sectors, but in particular, those in real estate, publishing and broadcasting, financial services and retail and leisure, including hotels and restaurants. Adam is an expert in data protection and freedom of information law, where he advises corporates and individuals on all aspects of the law.
Adam is Head of International Development at Mishcon de Reya. His primary objective is to ensure the firm consistently delivers the best advice to its clients and to gain the trust of clients and lawyers from around the world. He works closely with the partners appointed as leaders for each international region to closely monitor the overseas service the Firm provides, the expansion of its client-base and how it is delivering against its strategy.
P58 NEWSWIRE / INTERACTIVE /
247.COM
G3 interviews Adam Rose, Partner at law firm Mishcon de Reya, about the minefield of collecting, storing and utilising personal data, and discuss the implications of the impending European Union Privacy Shield on the gaming and betting sector.
What’s Mishcon de Reya’s sphere of expertise in data protection/gathering/avoiding fraud?
We advise clients in terms of data controls both for individuals and businesses under the protection of the law, advising organisations on the issues of data loss and theft, both at the national and international level. Our advice specifically covers the UK version of European legislation. Roughly speaking, the UK law ought to offer the same data protection as as the other 27 member states of the European Union, but it isn’t the same, which is why there’s a change in the law that’s forthcoming.
Mischon de Reya essentially help clients work out what they need to do with their data as regards UK law. Corporate data is not covered by the Data Protection Act, which only deals with individual data and is a body of law around personal data, applying those measures to all data works, as there isn’t any particular law regarding non-personal data in the UK to make companies look after it properly. As long as
apply a similar standard to all data as you apply to personal data, companies will be reducing the risk of loss or theft of data.
A company that collects personal data of any description, whether that’s of staff, players, of targets, prospects, that’s all personal data. What isn’t personal data would include other types of information, ie. what computer systems is owned, whereas information about individuals, whoever is holding it, is personal data.
Te safe harbour agreement covers a scheme in Europe under which you can’t transfer data abroad, or outside of Europe, unless the European Union has decided a country has equivalent law. Te scheme that they agreed with America is that the US would introduce the Safe Harbour, a scheme with which companies could comply - and then you could transfer data to companies that said they complied with the Safe Harbour. What happened a few months ago was a court case in Europe that decided that the Safe Harbour actually wasn’t good enough. It didn’t work and so they’re introducing the new Privacy Shield. It’s brand new and we’re just waiting for all the details of the Privacy Shield to be ironed out, which will replace Safe Harbour.
How much information should be gathered,
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