3 ms·
When a new law is enacted, it's not prudent analysis to assume anything about how it will be enforced based on the previous law, especially not when fines were
by mseebach 8y ago
When a new law is enacted, it's not prudent analysis to assume anything about how it will be enforced based on the previous law, especially not when fines were increased 25x - GDPR is not a minor clarification of a few bits and pieces, it's a whole new thing. The previous law was specifically criticised for having no teeth, and the new law has specifically been highlighted for it's new teeth. Of course it's possible that regulators will just sit on their hands, it's just not very likely.
The only reasonable assumption is that those new teeth will be tried out, and whoever they will be tried out on first will have a bad time. Do not assume that the first cases will be Google and Facebook, the regulators aren't stupid enough to try their luck first on the two organisations that has spend the most on being technically compliant, and has bottomless warchests to fight it.
- ascorbic 8y agoThat doesn't mean lawyer up or shut down at the first request. Of course you should be prepared, by doing sensible things like having an up to date privacy policy, and only keep the data that you need and that you have permission for. However when it comes to compliance, if you get a request, be sensible. The time to lawyer up is if you get a notice from the ICO, if you think it's unreasonable and/or you don't think you can comply with it. I've dealt with the ICO quite a bit, as I've appealed a few FOI requests, and they've always been very reasonable, if a little overworked and slow to respond.