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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: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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