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Blockchain: the right to be forgotten (or not)

03 September 2021 / Dean Armstrong KC , Paul Schwartfeger
Issue: 7946 / Categories: Features , Cyber
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Dean Armstrong QC & Paul Schwartfeger, 36 Commercial, consider how organisations can & should respond to erasure requests on blockchain
  • The right to erasure under Article 17 under the UK GDPR is not absolute and specialist lawyers ought to be involved in blockchain projects from their outset, to assess their suitability for compliance.

Now that the UK has left the EU and the transition period has ended, the provisions of the EU General Data Protection Regulation (GDPR) no longer strictly apply to the UK, albeit the Regulation’s extraterritorial reach continues to affect those offering goods or services to data subjects in the EU. Even for those who only serve individuals in the UK, however, the Regulation’s effects continue to be felt, as its provisions have been incorporated into domestic law as the ‘UK GDPR’.

Practically speaking, the core data principles, rights and obligations remain largely unchanged as a result of this regulatory switch, and as such this article makes no distinction in its analysis

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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