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03 September 2021
Issue: 7946 / Categories: Legal News , Cyber , Media
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NLJ this week: Can blockchain forget?

To what extent does the right to be forgotten apply to blockchain, the technology behind Bitcoin and other ledger-based systems? Not only is it technically impossible but, following the end of the post-Brexit transition period, the EU General Data Protection Regulation (GDPR) no longer strictly applies (although the GDPR’s provisions have been incorporated into domestic law).

To what extent does the right to be forgotten apply to blockchain, the technology behind Bitcoin and other ledger-based systems? Not only is it technically impossible but, following the end of the post-Brexit transition period, the EU General Data Protection Regulation (GDPR) no longer strictly applies (although the GDPR’s provisions have been incorporated into domestic law).

It’s a fascinating conundrum and specialist lawyers may need to be involved in blockchain projects from the outset ‘to assess their suitability for compliance’, according to Dean Armstrong QC & Paul Schwartfeger, of 36 Commercial, writing in this week’s NLJ.

They write: ‘The technology-agnostic nature of the GDPR ignores entirely the realities of whether (and how) the right might be realised.

‘Indeed, when it comes to blockchain, this agnosticism creates something of a paradox. That is that, while the right is legally enshrined, it is also seemingly technically impossible to achieve, given the mantra that data stored on a blockchain is immutable. This fundamental issue, having real relevance to public or permissionless blockchains which, for example, underpin Bitcoin and Ethereum, has been the subject of much debate since the inception of the GDPR.’

In their article, Armstrong & Schwartfeger identify some possible solutions as well as guidance on how data controllers might respond to erasure requests.

Issue: 7946 / Categories: Legal News , Cyber , Media
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MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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