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Brickleberry
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Brickleberry
Genre
Black comedy
Satire
Animated sitcom
Created by
Roger Black
Waco O'Guin
Voices of
David Herman
Tom Kenny
Kaitlin Olson (2012)
Natasha Leggero (2013–15)
Roger Black
Jerry Minor
Daniel Tosh
Composer(s)
Nicolas Barry
Tomas Jacobi
Rene Garza Aldape
Alejandro Valencia
Country of origin
United States
Original language(s)
English
No. of seasons
3
No. of episodes
36 (list of episodes)
Production
Executive producer(s)
Roger Black
Waco O'Guin
Daniel Tosh
Editor(s)
Chris Vallance
Andy Tauke
Production company(s)
Damn! Show Productions
Black Heart Productions
Fox 21
Distributor
20th Television
Release
Original network
Comedy Central
Picture format
1080i (16:9 HDTV)
Original release
September 25, 2012 (2012-09-25) – April 14, 2015 (2015-04-14)
External links
Website
Brickleberry is an American adult animated sitcom television series that premiered on Comedy Central on September 25, 2012. The series was created by Waco O'Guin and Roger Black and executive produced by O'Guin, Black, and comedian Daniel Tosh. The series follows a group of park rangers as they work through their daily lives in the fictional Brickleberry National Park.
Black and O'Guin began pitching the show in the mid-2000s, producing a pilot episode for Fox Broadcasting Company in 2007. They later also pitched the show to Adult Swim, but the series was purchased by Comedy Central due to the support of Tosh.
On January 7, 2015, Comedy Central cancelled Brickleberry after three seasons.[1] The series ended on April 14, 2015, with a total of 36 episodes.[2]
Contents
[hide]
1 Synopsis
2 Characters
2.1 Main characters
2.2 Recurring characters
3 Production
4 Episodes
5 Comic
6 Reception
6.1 Ratings
6.2 Critical reviews
7 References
8 External links
Synopsis[edit]
The series follows a group of park rangers as they work through their daily lives in the fictional Brickleberry National Park near Hazlehurst in the Driftless Region of Illinois.
Characters[edit]
Main characters[edit]
Steve Williams (voiced by David Herman) – Steve is an overconfident, bumbling park ranger who takes himself and his job way too seriously. Even though he has been "Ranger of the Month" at Brickleberry for several years, he does not appear to display good skills or even common sense. Steve's "Ranger of the Month" title means everything to him and he will do anything to keep it. Despite his extreme lack of intelligence, he knows the Brickleberry park very well because his father was also a Brickleberry ranger, so Steve was raised in the park. He dreamed of working at Brickleberry since he was a child in order to follow in his father's footsteps. He is shown to have a man crush on Viggo Mortensen.
Woodrow "Woody" Johnson (voiced by Tom Kenny) – Woody is a 55-year-old, abrasive ranger with a military background. In the "Crippleberry" episode, he mentions to Steve that he is technically a war criminal. He worked his way up to head ranger over his 30-year career at Brickleberry. He worked alongside Steve's father, but never searched for him when Jonah went missing. He always has the park's best interest in mind and struggles to boost the dwindling tourism numbers by any means. In "2 Weeks Notice", he accidentally confesses to Malloy that when his mother died, his father forced him to dress up in her lingerie, implying that he may have been sexually abused by his father. It is also revealed in season 2 that Woody was a former porn star named Rex Erection.
Ethel Anderson (voiced by Kaitlin Olson in season 1, Natasha Leggero in season 2 and 3) – Ethel is an attractive, 25-year-old female ranger. She was the top ranger at Yellowstone and was transferred to Brickleberry in an effort to get the park back on track (and because she was fired from Yellowstone for being drunk on the job). She is passionate for animals and nature and does her best to treat her co-workers kindly. Steve sees Ethel as a threat to his Ranger of the Month title, while Ethel sees Steve as a bumbling idiot. Ethel possesses extraordinary ranger skills, but is much more humble than Steve.
Denzel Jackson (voiced by Jerry Minor) – Denzel is a black ranger who is horrible at his job, but can't be fired because he works for a government agency. Denzel is a gerontophile, which occasionally gets him into hot water. Denzel finds his job challenging because he's afraid of bugs, snakes, and pretty much anything else that inhabits the woods. It was revealed in the first season that his father and father's father and grandfather's father were undercover cops, but Denzel has no interest in following in their footsteps. For the rest of the series it is not mentioned again.
Connie Cunaman (voiced by Roger Black) – Connie is a lesbian female ranger who has a large body, immense strength, and a deep voice that is often mistaken for a male. In "Gay Bomb", Connie admits she is a lesbian and it is revealed to the viewers that her strength is dubbed by her as "lesbian strength". Connie is capable of lifting massive objects, such as trees, bears, and even a real bomb. She is obsessed with Ethel and was turned away by her Evangelical parents for being a homosexual. On a side note, when Connie gets excited, her vagina makes growling noises similar to that of a stomach, requiring her to talk it down like a wild animal.
Malloy (voiced by Daniel Tosh) – Malloy is the last surviving member of his species Ursus loquacious that Woody has taken in and spoiled after Steve accidentally ran over and shot his parents, telling him a tourist did it. Woody lets him play video games all day and eat junk food. Malloy is very crude, racist, sexist, has a superiority complex, and in some ways is a narcissist. He openly hates the rangers and in addition, he enjoys putting them down and messing with them on a daily basis, especially Steve.
Recurring characters[edit]
Bobby Possumcods (voiced by Waco O'Guin) – Bobby is a redneck that lives in the park. He "loves" animals a bit too much and Malloy got a taste of this first hand in the season one premiere. O'Guin has been portraying the live action version of Possumcods for years in O'Guin and Black's underground comedy called "The DAMN! Show".
Bodean (voiced by Roger Black) – Bodean is Bobby's sidekick and best friend. He is known to speak very fast and sometimes for a long time.
Firecracker Jim (voiced by Roger Black) – A local redneck who sells illegal fireworks. He has stumps since he blew off his arms and legs a while ago, and rolls around everywhere as a result.
Dr. Kuzniak (voiced by Tom Kenny) – Brickleberry's personal doctor. He has a strange fetish of medical malpractice. He also has some shady criminal intents such as medical waste dumping and dealings with the "Chinese Black Market".
Jorge (voiced by David Herman) – A foreign man who owns the local strip club. He seems to be very clueless and gullible.
Production[edit]
The support of comedian Daniel Tosh was integral in getting the series picked up.
The series' creators, Waco O'Guin and Roger Black, met at the University of Georgia in 1999. The series' origin came from O'Guin's father-in-law, a retired park ranger who took his job very seriously. He and Black found his seriousness hilarious, and began first envisioning the show in 2003.[3] The two began pitching Brickleberry as a live-action program after the cancellation of their sketch comedy show Stankervision on MTV2. It was adapted for animation because of budget concerns. Fox Broadcasting Company ordered a pilot episode in 2007, but passed on the series, finding it too offensive.[3] The duo's agent at William Morris Agency connected them with comedian Daniel Tosh, then growing in popularity due to his Comedy Central series Tosh.0. Tosh had been looking for other projects outside of his program and put his support behind the show, which they pitched to Comedy Central. The network wanted them to develop another pilot pitch, which they refused, taking it to Adult Swim, who were prepared to order 10 episodes of the comedy.[3] Comedy Central then relented and purchased the show, ordering a 10-episode first season in 2011.[4]
In commenting on the series' humor, O'Guin felt that all targets are "fair game": "If you're clever and don't just try to shock for shock sake, you can make most anything funny."[3] Anticipating concerns that the show would be too similar to Family Guy, the show's writing imposed a rule of fewer pop culture references, in order to differentiate the two.[3]
Episodes[edit]
Main article: List of Brickleberry episodes
Season
Episodes
Originally aired
First aired
Last aired
1 10 September 25, 2012 (2012-09-25) December 4, 2012 (2012-12-04)
2 13 September 3, 2013 (2013-09-03) November 26, 2013 (2013-11-26)
3 13 September 16, 2014 (2014-09-16) April 14, 2015 (2015-04-14)
Comic[edit]
In 2016, a 4-issue comic miniseries, published by Dynamite Entertainment, was released, written by co-creators, Waco O'Guin and Roger Black and illustrated by Timothy Hopkins. The comic featured the storyline, "ArMOOgeddon", which takes place in the future, with Steve as the last remaining park ranger after an Alien Cow invasion, but, with the help of Dr. Kuzniak, he travels back in time to 2015 to kill Woody, whose actions led to the invasion and the destruction of all humanity. The Bovine Overlord though sends Bobby back in time to thwart Future Steve's plans, but Malloy teams up with Future Steve to help him kill Woody. When his plan fails, Future Steve returns to the future to rally the remaining park rangers to overthrow the Bovine Overlord.
Reception[edit]
Ratings[edit]
The series followed the Tosh.0 fall seasons on Tuesday nights. In its first season, the series averaged 1.9 total million viewers each week, doing particularly well with male demographics, ages 18–24.[5] In its second season, the show averaged 1.6 million viewers, and was number one in all of television in its time slot with men, ages 18–24.[6] The series' third season saw ratings fall to 1.2 million viewers per episode, while remaining strong with younger demographics.[7]
Critical reviews[edit]
The show arrived to mixed reviews from critics.
Dylan P. Gadino of Laugh Spin called Brickleberry "fast-paced and hilarious."[8]
Ray Rahman of Entertainment Weekly said the show "tends to rise above your average adult-animation fare."[9]
Brickleberry raises the offensive comedy stakes so high that it leaves a viewer waiting in expectation for the next tasteless joke. Because the show can't sustain such jokes constantly, there's a lot of down time between the outrageous. During these valleys, Brickleberry grows dull.
“
”
Rob Owen, Pittsburgh Post-Gazette[10]
However, some found the show more offensive than humorous. Dennis Perkins of The A.V. Club commented that "Brickleberry hails from the 'deliberately provocative' school of comedy, where obviously offensive things are tossed out for shock value and if you don't laugh, you're a tight-ass who doesn't get the other levels to the jokes."[11] Ross Bonaime of Paste gave the show a 0.5 out 10, writing that "Brickleberry is poorly constructed, horribly executed and groan-worthy rather than funny in any way. It's a show that's actually painful to watch, because it keeps finding new depths of tasteless jokes without any punchline that are worse than the ones that preceded them."[12]
Many reviewers compared the show unfavorably to Family Guy and South Park. Brian Lowry of Variety lamented the show's eagerness to offend:
Yes, South Park has long since established animation is a fine place to skewer sacred cows, but Brickleberry has nothing more on its mind than seeing how far it can push the boundaries of dick and handicapped jokes. As a consequence, the premise (a second-rate national park) is purely incidental.[13]
IGN's Jesse Schedeen felt the show did not live up to Comedy Central's past animated efforts, deeming it "a slap to the face of that legacy [... In South Park], there's always an underlying sense of humanity to offset the humor. Brickleberry lacks that."[14] The series creators acknowledged the influence, saying: "Family Guy and South Park paved the way for us."[3]
References[edit]
Jump up ^ Elizabeth Wagmeister. "'Brickleberry' Cancelled By Comedy Central After Three Seasons - Variety". Variety.
Jump up ^ "Shows A-Z - brickleberry on comedy central - TheFutonCritic.com". thefutoncritic.com.
^ Jump up to: a b c d e f Dan Sarto (November 1, 2013). "Waco O'Guin and Roger Black Talk 'Brickleberry'". Animation World Network. Retrieved January 9, 2015.
Jump up ^ Jon Weisman (August 15, 2011). "Tosh patrols Comedy Central's 'Brickleberry'". Variety. Retrieved January 9, 2015.
Jump up ^ Nellie Andreeva (November 9, 2012). "Comedy Central's 'Brickleberry' Renewed For Second Season With 13-Episode Order". Deadline Hollywood. Retrieved January 9, 2015.
Jump up ^ Nellie Andreeva (October 30, 2013). "Comedy Central's 'Brickleberry' Renewed For Third Season". Deadline Hollywood. Retrieved January 9, 2015.
Jump up ^ Nellie Andreeva (January 7, 2015). "'Brickleberry' Cancelled After 3 Seasons". Deadline Hollywood. Retrieved January 9, 2015.
Jump up ^ Gadino, Dylan. New Daniel Tosh show ‘Brickleberry’ provides ammunition for fake outrage enthusiasts. "Laugh Spin"
Jump up ^ Rahman, Ray
Jump up ^ Rob Owen (September 25, 2012). "TV Reviews: 'Mindy Project' shows promise; 'Brickleberry' pushes punch line". Pittsburgh Post-Gazette. Retrieved January 9, 2015.
Jump up ^ Dennis Perkins (September 25, 2012). "Review: Brickleberry". The A.V. Club. Retrieved January 9, 2015.
Jump up ^ Ross Bonaime (September 26, 2012). "Brickleberry Review: "Welcome to Brickleberry" (Episode 1.01)". Paste. Retrieved January 8, 2015.
Jump up ^ Lowry, Brian. Tosh's Tedious 'Brickleberry' Too Eager to Offend Variety
Jump up ^ Jesse Schedeen (September 26, 2012). "Brickleberry: "Welcome to Brickleberry" Review". IGN. Retrieved January 9, 2015.
External links[edit]
Official website
Brickleberry on IMDb
Brickleberry at the Big Cartoon DataBase
Brickleberry at TV.com
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General Data Protection Regulation
From Wikipedia, the free encyclopedia
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"GDPR" redirects here. For the economics term, see Gross regional domestic product.
European Union regulation on the processing of personal data
Regulation (EU) 2016/679
European Union regulation
Title
Regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Data Protection Directive)
Made by
European Parliament and Council of the European Union
Journal reference
L119, 4 May 2016, p. 1–88
History
Date made
14 April 2016
Implementation date
25 May 2018
Preparative texts
Commission proposal
COM/2012/010 final – 2012/0010 (COD)
Other legislation
Replaces
Data Protection Directive
Current legislation
The General Data Protection Regulation (GDPR) (EU) 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union (EU) and the European Economic Area (EEA). It also addresses the export of personal data outside the EU and EEA areas. The GDPR aims primarily to give control to citizens and residents over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU.[1]
Superseding the Data Protection Directive 95/46/EC, the regulation contains provisions and requirements pertaining to the processing of personally identifiable information of individuals (formally called data subjects in the GDPR) inside the European Union, and applies to all enterprises, regardless of location, that are doing business with the European Economic Area. Business processes that handle personal data must be built with data protection by design and by default, meaning that personal data must be stored using pseudonymization or full anonymization, and use the highest-possible privacy settings by default, so that the data is not available publicly without explicit, informed consent, and cannot be used to identify a subject without additional information stored separately. No personal data may be processed unless it is done under a lawful basis specified by the regulation or unless the data controller or processor has received an unambiguous and individualized affirmation of consent from the data subject. The data subject has the right to revoke this consent at any time.
A processor of personal data must clearly disclose any data collection, declare the lawful basis and purpose for data processing, and state how long data is being retained and if it is being shared with any third parties or outside of the EU. Data subjects have the right to request a portable copy of the data collected by a processor in a common format, and the right to have their data erased under certain circumstances. Public authorities, and businesses whose core activities centre around regular or systematic processing of personal data, are required to employ a data protection officer (DPO), who is responsible for managing compliance with the GDPR. Businesses must report any data breaches within 72 hours if they have an adverse effect on user privacy.
It was adopted on 14 April 2016, and became enforceable beginning 25 May 2018; because the GDPR is a regulation, not a directive, it does not require national governments to pass any enabling legislation and is directly binding and applicable.[2] With the United Kingdom scheduled to leave the European Union in 2019, the UK granted royal assent to the Data Protection Act 2018 on 23 May 2018, which contains equivalent regulations and protections.[3][4]
Contents
[hide]
1 Content
1.1 Scope
1.2 Lawful basis for processing
1.3 Responsibility and accountability
1.4 Data protection by design and by default
1.5 Pseudonymisation
1.6 Right of access
1.7 Right to erasure
1.8 Records of processing activities
1.9 Data protection officer
1.10 Data breaches
1.11 Sanctions
1.12 B2B marketing
2 Restrictions
3 Reception
4 Impact
5 Timeline
6 EU Digital Single Market
7 See also
8 Footnotes
9 References
10 External links
Content[edit]
Scope[edit]
The regulation applies if the data controller (an organisation that collects data from EU residents), or processor (an organisation that processes data on behalf of a data controller like cloud service providers), or the data subject (person) is based in the EU. Under certain circumstances,[5] the regulation also applies to organisations based outside the EU if they collect or process personal data of individuals located inside the EU. The regulation does not apply to the processing of data by a person for a "purely personal or household activity and thus with no connection to a professional or commercial activity." (Recital 18)
According to the European Commission, "personal data is any information relating to an individual, whether it relates to his or her private, professional or public life. It can be anything from a name, a home address, a photo, an email address, bank details, posts on social networking websites, medical information, or a computer's IP address."[6]
The regulation does not purport to apply to the processing of personal data for national security activities or law enforcement of the EU; however, industry groups concerned about facing a potential conflict of laws have questioned whether Article 48[7] of the GDPR could be invoked to seek to prevent a data controller subject to a third country's laws from complying with a legal order from that country's law enforcement, judicial, or national security authorities to disclose to such authorities the personal data of an EU person, regardless of whether the data resides in or out of the EU. Article 48 states that any judgement of a court or tribunal and any decision of an administrative authority of a third country requiring a controller or processor to transfer or disclose personal data may not be recognised or enforceable in any manner unless based on an international agreement, like a mutual legal assistance treaty in force between the requesting third (non-EU) country and the EU or a member state. The data protection reform package also includes a separate Data Protection Directive for the police and criminal justice sector[8] that provides rules on personal data exchanges at national, European, and international levels.
A single set of rules will apply to all EU member states. Each member state will establish an independent supervisory authority (SA) to hear and investigate complaints, sanction administrative offences, etc. SAs in each member state will co-operate with other SAs, providing mutual assistance and organising joint operations. If a business has multiple establishments in the EU, it will have a single SA as its "lead authority", based on the location of its "main establishment" where the main processing activities take place. The lead authority will act as a "one-stop shop" to supervise all the processing activities of that business throughout the EU[9][10] (Articles 46–55 of the GDPR). A European Data Protection Board (EDPB) will co-ordinate the SAs. EDPB will replace the Article 29 Data Protection Working Party. There are exceptions for data processed in an employment context or in national security that still might be subject to individual country regulations (Articles 2(2)(a) and 88 of the GDPR).
Lawful basis for processing[edit]
Unless a data subject has provided informed consent to data processing for one or more purposes, personal data may not be processed unless there is at least one legal basis to do so. They include:[11]
For the legitimate interests of a data controller or a third party, unless these interests are overridden by the Charter of Fundamental Rights (especially in the case of children).
To perform a task in the public interest or in official authority.
To comply with a data controller's legal obligations.
To fulfill contractual obligations with a data subject.
To perform tasks at the request of a data subject who is in the process of entering into a contract with a data controller.
To protect the vital interests of a data subject or another person.
If informed consent is used as the lawful basis for processing, consent must have been explicit for data collected and each purpose data is used for (Article 7; defined in Article 4). Consent must be a specific, freely-given, plainly-worded, and unambiguous affirmation given by the data subject; an online form which has consent options structured as an opt-out selected by default is a violation of the GDPR, as the consent is not unambiguously affirmed by the user. In addition, multiple types of processing may not be "bundled" together into a single affirmation prompt, as this is not specific to each use of data, and the individual permissions are not freely-given. (Recital 32)
Data subjects must be allowed to withdraw this consent at any time, and this process must be as easy as it was to originally opt in. (Article 7(3)) A data controller may not refuse service to users who decline consent to processing that is not strictly necessary in order to use the service. (Article 7(4)) Consent for children, defined in the regulation as being less than 16 years old (although with the option for member states to individually make it as low as 13 years old (Article 8(1)),[12] must be given by the child's parent or custodian, and verifiable (Article 8).[13]
If consent to processing was already provided under the Data Protection Directive, a data controller does not have to re-obtain consent if the processing is documented and obtained in compliance with the GDPR's requirements (Recital 171).[14]
Responsibility and accountability[edit]
To be able to demonstrate compliance with the GDPR, the data controller must implement measures which meet the principles of data protection by design and by default. Data protection by design and by default (Article 25) require data protection measures to be designed into the development of business processes for products and services. Such measures include pseudonymising personal data, by the controller, as soon as possible (Recital 78). It is the responsibility and the liability of the data controller to implement effective measures and be able to demonstrate the compliance of processing activities even if the processing is carried out by a data processor on behalf of the controller (Recital 74).
When data is collected, data subjects must be clearly informed about the extent of data collection, the legal basis for processing of personal data, how long data is retained, if data is being transferred to a third-party and/or outside the EU, and disclosure of any automated decision-making that is made on a solely algorithmic basis. Data subjects must be provided with contact details for the data controller and their designated data protection officer, where applicable. Data subjects must also be informed of their privacy rights under the GDPR, including their right to revoke consent to data processing at any time, their right to view their personal data and access an overview of how it is being processed, their right to obtain a portable copy of the stored data, the right to erasure of data under certain circumstances, the right to contest any automated decision-making that was made on a solely algorithmic basis, and the right to file complaints with a Data Protection Authority.[15][16]
Data protection impact assessments (Article 35) have to be conducted when specific risks occur to the rights and freedoms of data subjects. Risk assessment and mitigation is required and prior approval of the data protection authorities is required for high risks.
Data protection by design and by default[edit]
Data protection by design and by default (Article 25) requires data protection to be designed into the development of business processes for products and services. Privacy settings must therefore be set at a high level by default, and technical and procedural measures should be taken by the controller to make sure that the processing, throughout the whole processing lifecycle, complies with the regulation. Controllers should also implement mechanisms to ensure that personal data is not processed unless necessary for each specific purpose.
A report[17] by the European Union Agency for Network and Information Security elaborates on what needs to be done to achieve privacy and data protection by default. It specifies that encryption and decryption operations must be carried out locally, not by remote service, because both keys and data must remain in the power of the data owner if any privacy is to be achieved. The report specifies that outsourced data storage on remote clouds is practical and relatively safe if only the data owner, not the cloud service, holds the decryption keys.
Pseudonymisation[edit]
The GDPR refers to pseudonymisation as a process that is required when data is stored (as an alternative to the other option of complete data anonymisation)[18] to transform personal data in such a way that the resulting data cannot be attributed to a specific data subject without the use of additional information. An example is encryption, which renders the original data unintelligible and the process cannot be reversed without access to the correct decryption key. The GDPR requires for the additional information (such as the decryption key) to be kept separately from the pseudonymised data.
Another example of pseudonymisation is tokenisation, which is a non-mathematical approach to protecting data at rest that replaces sensitive data with non-sensitive substitutes, referred to as tokens. The tokens have no extrinsic or exploitable meaning or value. Tokenisation does not alter the type or length of data, which means it can be processed by legacy systems such as databases that may be sensitive to data length and type.
That requires much fewer computational resources to process and less storage space in databases than traditionally-encrypted data. That is achieved by keeping specific data fully or partially visible for processing and analytics while sensitive information is kept hidden.
Pseudonymisation is recommended to reduce the risks to the concerned data subjects and also to help controllers and processors to meet their data protection obligations (Recital 28).[19]
Right of access[edit]
The right of access (Article 15) is a data subject right.[20] It gives citizens the right to access their personal data and information about how this personal data is being processed. A data controller must provide, upon request, an overview of the categories of data that are being processed (Article 15(1)(b)) as well as a copy of the actual data (Article 15(3)). Furthermore, the data controller has to inform the data subject on details about the processing, such as the purposes of the processing (Article 15(1)(a)), with whom the data is shared (Article 15(1)(c)), and how it acquired the data (Article 15(1)(g)).
A data subject must be able to transfer personal data from one electronic processing system to and into another, without being prevented from doing so by the data controller. Data that has been sufficiently anonymised is excluded, but data that has been only de-identified but remains possible to link to the individual in question, such as by providing the relevant identifier, is not.[21] In practice however providing such identifiers can be challenging, such as in the case of Apple's Siri, where voice and transcript data is stored with a personal identifier which the manufacturer restricts access to,[22] or in online behavioural targeting, which relies heavily on device fingerprints that can be challenging to capture, send and verify.[23]
Both data being 'provided' by the data subject and data being 'observed', such as about behaviour, are included. In addition, the data must be provided by the controller in a structured and commonly used standard electronic format. The right to data portability is provided by Article 20 of the GDPR.[24] Legal experts see in the final version of this measure a "new right" created that "reaches beyond the scope of data portability between two controllers as stipulated in [Article 20]".[25]
Right to erasure[edit]
A right to be forgotten was replaced by a more limited right of erasure in the version of the GDPR that was adopted by the European Parliament in March 2014.[26][27] Article 17 provides that the data subject has the right to request erasure of personal data related to them on any one of a number of grounds, including noncompliance with Article 6(1) (lawfulness) that includes a case (f) if the legitimate interests of the controller are overridden by the interests or fundamental rights and freedoms of the data subject, which require protection of personal data (see also Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González).
Records of processing activities[edit]
Records of processing activities must be maintained that include purposes of the processing, categories involved and envisaged time limits. The records must be made available to the supervisory authority on request (Article 30).[28]
Data protection officer[edit]
See also: European Commission Data Protection Officer
If the processing is carried out by a public authority, except for courts or independent judicial authorities when acting in their judicial capacity, or if, in the private sector, processing is carried out by a controller whose core activities consist of processing operations that require regular and systematic monitoring of the data subjects, or processing on a large scale of special categories of data pursuant to Article 9 and personal data relating to criminal convictions and offences referred to in Article 10,[29] a data protection officer (DPO)—a person with expert knowledge of data protection law and practices, must be appointed to assist the controller or processor to monitor internal compliance with this regulation.
The DPO is similar to a compliance officer and is also expected to be proficient at managing IT processes, data security (including dealing with cyberattacks) and other critical business continuity issues around the holding and processing of personal and sensitive data. The skill set required stretches beyond understanding legal compliance with data protection laws and regulations. More details on the function and the role of data protection officer were given on 13 December 2016 (revised 5 April 2017) in a guideline document.[30]
Organisations based outside the EU must also appoint an EU-based person as a representative and point of contact for their GDPR obligations (Article 27). This is a distinct role from a DPO, although there is overlap in responsibilities that suggest that this role can also be held by the designated DPO.[31]
Data breaches[edit]
Under the GDPR, the data controller is under a legal obligation to notify the supervisory authority without undue delay unless the breach is unlikely to result in a risk to the rights and freedoms of the individuals. There is a maximum of 72 hours after becoming aware of the data breach to make the report (Article 33). Individuals have to be notified if adverse impact is determined (Article 34). In addition, the data processor will have to notify the controller without undue delay after becoming aware of a personal data breach (Article 33).
However, the notice to data subjects is not required if the data controller has implemented appropriate technical and organisational protection measures that render the personal data unintelligible to any person who is not authorised to access it, such as encryption (Article 34).
Sanctions[edit]
The following sanctions can be imposed:
a warning in writing in cases of first and non-intentional noncompliance
regular periodic data protection audits
a fine up to €10 million or up to 2% of the annual worldwide turnover of the preceding financial year in case of an enterprise, whichever is greater, if there has been an infringement of the following provisions: (Article 83, Paragraph 5 & 6[32])
the obligations of the controller and the processor pursuant to Articles 8, 11, 25 to 39, and 42 and 43
the obligations of the certification body pursuant to Articles 42 and 43
the obligations of the monitoring body pursuant to Article 41(4)
a fine up to €20 million or up to 4% of the annual worldwide turnover of the preceding financial year in case of an enterprise, whichever is greater, if there has been an infringement of the following provisions: (Article 83, Paragraph 4[32])
the basic principles for processing, including conditions for consent, pursuant to Articles 5, 6, 7, and 9
the data subjects' rights pursuant to Articles 12 to 22
the transfers of personal data to a recipient in a third country or an international organisation pursuant to Articles 44 to 49
any obligations pursuant to member state law adopted under Chapter IX
noncompliance with an order or a temporary or definitive limitation on processing or the suspension of data flows by the supervisory authority pursuant to Article 58(2) or failure to provide access in violation of Article 58(1)
B2B marketing[edit]
Within the GDPR there is a distinct difference between business to consumer (B2C) and B2B (business to business) marketing. Under the GDPR, there are six equally valid grounds to process personal data. There are two of these which are relevant to direct B2B marketing, they are consent or legitimate interest. Recital 47 of the GDPR states that "The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest." [33]
Using legitimate interest as the basis for B2B marketing involves ensuring key conditions are met:
"The processing must relate to the legitimate interests of your business or a specified third party, providing that the interests or fundamental rights of the data subject do not override the business' legitimate interest."
"The processing must be necessary to achieve the legitimate interests of the organisation."[34]
Additionally, Article 6.1(f) of the GDPR states that the processing is lawful if it is "Necessary for the purposes of the legitimate interests pursued by the controller or by a third-party, except where such interests are overridden by the interests or fundamental rights and freedoms of the individual which require protection of personal information, in particular where the individual is a child".[34]
Therefore, companies can continue to use marketing data for the purposes of B2B engagement as long as the appropriate steps are taken to ensure the data is aligned to a specific objective or campaign. One phrase that is now being used is "Correct Marketing to the Correct Person". As part of this companies will need to keep their marketing databases and CRM up to date in order to carry out valid Legitimate Balance Checks.[35]
The EU Commission stated that, "Unified data privacy laws will create extraordinary opportunities and motivating innovation for businesses not only within Europe but also for the organization who are willing to do business with European states or already running their business in European states." The commission aims for companies to maintain communications and build regulation supporting relationships with each other to ensure best data practices through legitimate balance checks[35]
Restrictions[edit]
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The following cases are not covered by the regulation:[11][page needed]
Lawful interception, national security, military, police, justice
Statistical and scientific analysis
Deceased persons are subject to national legislation
There is a dedicated law on employer-employee relationships
Processing of personal data by a natural person in the course of a purely personal or household activity
Conversely, an entity or more precisely an "enterprise" has to be engaged in "economic activity" to be covered by the GDPR.[a] Economic activity is defined broadly under European Union competition law.[36]
Reception[edit]
The proposal for the new regulation gave rise to much discussion and controversy.[37][38] Thousands of amendments were proposed.[39]
The area of GDPR consent has a number of implications for businesses who record calls as a matter of practice. A typical disclaimer is not considered sufficient to gain assumed consent to record calls. Additionally, when recording has commenced, should the caller withdraw their consent, then the agent receiving the call must be able to stop a previously started recording and ensure the recording does not get stored.[40]
IT professionals expect that compliance with the GDPR will require additional investment overall: over 80 percent of those surveyed expected GDPR-related spending to be at least USD $100,000.[41] The concerns were echoed in a report commissioned by the law firm Baker & McKenzie that found that "around 70 percent of respondents believe that organizations will need to invest additional budget/effort to comply with the consent, data mapping and cross-border data transfer requirements under the GDPR."[42] The total cost for EU companies is estimated at around €200 billion while for US companies the estimate is for $41.7 billion.[43] It has been argued that smaller businesses and startup companies might not have the financial resources to adequately comply with the GDPR, unlike the larger international technology firms (such as Facebook and Google) that the regulation is ostensibly meant to target first and foremost.[44][45] A lack of knowledge and understanding of the regulations has also been a concern in the lead-up to its adoption.[46] A counter-argument to this has been that companies were made aware of these changes two years prior to them coming into effect and, therefore, should have had enough time to prepare.[47]
The regulations, including whether an enterprise must have a data protection officer, have been criticized for potential administrative burden and unclear compliance requirements.[48] Although data minimisation is a requirement, with pseudonymisation being one of the possible means, the regulation provide no guidance on how or what constitutes an effective data de-identification scheme, with a grey area on what would be considered as inadequate pseudonymisation subject to Section 5 enforcement actions.[49][50][51] There is also concern regarding the implementation of the GDPR in blockchain systems, as the transparent and fixed record of blockchain transactions contradicts the very nature of the GDPR.[52] Many media outlets have commented on the introduction of a "right to explanation" of algorithmic decisions,[53][54] but legal scholars have since argued that the existence of such a right is highly unclear without judicial tests and is limited at best.[55][56]
Impact[edit]
The lead-up to the effective date of the GDPR led to many companies and websites changing their privacy policies and features worldwide in order to comply with its requirements, and providing email and on-site notification of the changes, despite having had at least two years to prepare and do so. This has been criticized for eventually leading to a form of fatigue among end-users over the excessive numbers of messages. Experts also noted that some reminder emails incorrectly asserted that new consent for data processing had to be obtained for when the GDPR took effect, even though any previously-obtained consent to processing is valid as long as it is properly documented and meets the requirements of the GDPR (Recital 171). Phishing scams also emerged using falsified versions of such emails, and it was also argued that some GDPR notice emails may have actually been sent in violation of anti-spam laws.[57][14] Mass adoption of GDPR privacy standards by international companies have been cited as an example of the "Brussels effect", a phenomenon wherein European laws and regulations are used as a global baseline due to their gravitas.[58]
Research indicates that approximately 25% of software vulnerabilities have GDPR implications.[59] Since Article 33 emphasizes breaches, not bugs, security experts advise companies to invest in processes and capabilities to identify vulnerabilities before they can be exploited, including Coordinated vulnerability disclosure processes.[60] [61]
The deluge of GDPR-related notices also inspired memes, including those surrounding privacy policy notices being delivered by atypical means (such as an Ouija board and a Star Wars opening crawl), suggesting that Santa Claus's "naughty or nice" list violated the GDPR, and a recording of excerpts from the regulation by a former BBC Radio 4 announcer, in the style of its late-night Shipping Forecast. A blog, GDPR Hall of Shame, was also created to showcase unusual delivery of GDPR notices, and attempts at compliance that contained egregious violations of the regulation's requirements. Its author remarked that the regulation "has a lot of nitty gritty, in-the-weeds details, but not a lot of information about how to comply", but also acknowledged that businesses had two years to comply, making some of its responses unjustified.[62][63][64][65][66]
On the effective date, some international websites began to block EU users entirely (including Instapaper,[67] Unroll.me,[68] and Tronc-owned newspapers, such as the Chicago Tribune and the Los Angeles Times) or redirect them to stripped-down versions of their services (in the case of National Public Radio and USA Today) with limited functionality and/or no advertising, in order to remove their liabilities.[69][70][71][72] Some companies, such as Klout, and several online video games, ceased operations entirely to coincide with its implementation, citing the GDPR as a burden on their continued operations, especially due to the business model of the former.[73][74][75] Sales volume of online behavioural advertising placements in Europe fell 25–40% on 25 May 2018.[76]
Facebook and subsidiaries WhatsApp and Instagram, as well as Google LLC (targeting Android), were immediately sued by Max Schrems's non-profit NOYB just hours after midnight on 25 May 2018, for their use of "forced consent". Schrems asserts that both companies violated Article 7(4) by not presenting opt-ins for data processing consent on an individualized basis, and requiring users to consent to all data processing activities (including those not strictly necessary) or be forbidden from using the services.[77][78][79][80][81]
After the implementation of GDPR, California passed a similar bill.[82][83]
Timeline[edit]
25 January 2012: The proposal[10] for the GDPR was released.
21 October 2013: The European Parliament Committee on Civil Liberties, Justice and Home Affairs (LIBE) had its orientation vote.
15 December 2015: Negotiations between the European Parliament, Council and Commission (Formal Trilogue meeting) resulted in a joint proposal.
17 December 2015: The European Parliament's LIBE Committee voted for the negotiations between the three parties.
8 April 2016: Adoption by the Council of the European Union.[84] The only member state voting against was Austria, which argued that the level of data protection in some respects falls short compared to the 1995 directive.[85][86]
14 April 2016: Adoption by the European Parliament.[87]
24 May 2016: The regulation entered into force, 20 days after its publication in the Official Journal of the European Union.[20]
25 May 2018: Its provisions became directly applicable in all member states, two years after the regulations enter into force.[20]
20 July 2018: the GDPR will be valid in the EEA countries (Iceland, Liechtenstein, and Norway) after the EEA Joint Committee and the three countries have agreed to follow the regulation.[88]
EU Digital Single Market[edit]
The EU Digital Single Market strategy relates to "digital economy" activities related to businesses and people in the EU.[89] As part of the strategy, the GDPR and the NIS Directive all apply from 25 May 2018. The proposed ePrivacy Regulation was also planned to be applicable from 25 May 2018, but will be delayed for several months.[90] The eIDAS Regulation is also part of the strategy.
See also[edit]
Cybercrime Convention, of the European Council
ePrivacy Regulation (European Union)
Information Commissioner's Office, of the UK
Footnotes[edit]
Jump up ^ Refer GDPR article 4(18): 'enterprise' means a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity.
References[edit]
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Jump up ^ Blackmer, W.S. (5 May 2016). "GDPR: Getting Ready for the New EU General Data Protection Regulation". Information Law Group. InfoLawGroup LLP. Retrieved 22 June 2016.
Jump up ^ "New Data Protection Act finalised in the UK". Out-Law.com. Retrieved 25 May 2018.
Jump up ^ "New UK Data Protection Act not welcomed by all". Computer Weekly. Retrieved 25 May 2018.
Jump up ^ Article 3(2): This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a) the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or (b) the monitoring of their behaviour as far as their behaviour takes place within the Union.
Jump up ^ European Commission's press release announcing the proposed comprehensive reform of data protection rules. 25 January 2012. Retrieved 3 January 2013.
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Jump up ^ The Proposed EU General Data Protection Regulation. A guide for in-house lawyers, Hunton & Williams LLP, June 2015, p. 14
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^ Jump up to: a b Hern, Alex (21 May 2018). "Most GDPR emails unnecessary and some illegal, say experts". The Guardian. Retrieved 28 May 2018.
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Jump up ^ Data science under GDPR with pseudonymization in the data pipeline Published by Dativa, 17 April 2018
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Jump up ^ Zuiderveen Borgesius, Frederik J. (April 2016). "Singling out people without knowing their names – Behavioural targeting, pseudonymous data, and the new Data Protection Regulation". Computer Law & Security Review. 32 (2): 256–271. doi:10.1016/j.clsr.2015.12.013. ISSN 0267-3649.
Jump up ^ Proposal for the EU General Data Protection Regulation. European Commission. 25 January 2012. Retrieved 3 January 2013.
Jump up ^ "The Final European Union General Data Protection Regulation, by Cedric Burton, Laura De Boel, Christopher Kuner, Anna Pateraki, Sarah Cadiot and Sára G. Hoffman, Section II, 4". Bloomberg BNA. 12 February 2016. (Note that the Article 18 in the draft GDPR became Article 20 in the final version.)
Jump up ^ Baldry, Tony; Hyams, Oliver. "The Right to Be Forgotten". 1 Essex Court.
Jump up ^ "European Parliament legislative resolution of 12 March 2014 on the proposal for a regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation)". European Parliament.
Jump up ^ "REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (article 30)".
Jump up ^ "EUR-Lex – Art. 37". eur-lex.europa.eu. Retrieved 23 January 2017.
Jump up ^ "Guidelines on Data Protection Officers". Retrieved 27 August 2017.
Jump up ^ Jankowski, Piper-Meredith. "Global reach of the GDPR: What is at stake?". Lexology. Retrieved 25 May 2018.
^ Jump up to: a b "L_2016119EN.01000101.xml". eur-lex.europa.eu.
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^ Jump up to: a b "GDPR for marketers: The essentials" (PDF). Retrieved 27 May 2018.
^ Jump up to: a b "How do we apply legitimate interests in practice?". ico.org.uk. 22 March 2018.
Jump up ^ Wehlander, Caroline (2016). "Chapter 2 "Economic activity": criteria and relevance in the fields of EU internal market law, competition law and procurement law". In Wehlander, Caroline. Services of general economic interest as a constitutional concept of EU Law (PDF). The Hague, Netherlands: TMC Asser Press. pp. 35–65. doi:10.1007/978-94-6265-117-3_2. ISBN 978-94-6265-116-6. Retrieved 23 May 2018.
Jump up ^ House of Commons Justice Committee (November 2012). The Committee's Opinion on the EU Data Protection Framework Proposals. House of Commons, U.K. p. 32. ISBN 9780215049759. Retrieved 3 October 2017. Another issue that has been subject to a large number of comments... is the requirement to appoint a DPO
Jump up ^ Wessing, Taylor (1 September 2016). "The compliance burden under the GDPR – Data Protection Officers". taylorweesing.com. Taylor Wessing. Retrieved 3 October 2017. One of the politically most contentious innovations of the General Data Protection Regulation (GDPR) is the obligation to appoint a Data Protection Officer (DPO) in certain cases.
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Jump up ^ "How Smart Businesses Can Avoid GDPR Penalties When Recording Calls". xewave.io. Retrieved 13 April 2018.
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Jump up ^ "Preparing for New Privacy Regimes: Privacy Professionals' Views on the General Data Protection Regulation and Privacy Shield" (PDF). bakermckenzie.com. Baker & McKenzie. 4 May 2016. Retrieved 4 October 2017.
Jump up ^ Georgiev, Georgi. "GDPR Compliance Cost Calculator". GIGAcalculator.com. Retrieved 16 May 2018.
Jump up ^ Solon, Olivia (19 April 2018). "How Europe's 'breakthrough' privacy law takes on Facebook and Google". The Guardian. Retrieved 25 May 2018.
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Jump up ^ "New rules on data protection pose compliance issues for firms". The Irish Times. Retrieved 25 May 2018.
Jump up ^ Wes, Matt (25 April 2017). "Looking to comply with GDPR? Here's a primer on anonymization and pseudonymization". IAPP.
Jump up ^ Chassang, G. (2017). The impact of the EU general data protection regulation on scientific research. ecancermedicalscience, 11.
Jump up ^ Tarhonen, Laura (2017). "Pseudonymisation of Personal Data According to the General Data Protection Regulation".
Jump up ^ "A recent report issued by the Blockchain Association of Ireland has found there are many more questions than answers when it comes to GDPR". siliconrepublic.com. Retrieved 5 March 2018.
Jump up ^ Sample, Ian (27 January 2017). "AI watchdog needed to regulate automated decision-making, say experts". The Guardian. ISSN 0261-3077. Retrieved 15 July 2017.
Jump up ^ "EU's Right to Explanation: A Harmful Restriction on Artificial Intelligence". techzone360.com. Retrieved 15 July 2017.
Jump up ^ Wachter, Sandra; Mittelstadt, Brent; Floridi, Luciano (28 December 2016). "Why a Right to Explanation of Automated Decision-Making Does Not Exist in the General Data Protection Regulation" – via SSRN.
Jump up ^ Edwards, Lilian; Veale, Michael (2017). "Slave to the algorithm? Why a "right to an explanation" is probably not the remedy you are looking for". Duke Law and Technology Review. doi:10.2139/ssrn.2972855. SSRN 2972855  .
Jump up ^ Afifi-Sabet, Keumars (3 May 2018). "Scammers are using GDPR email alerts to conduct phishing attacks". IT PRO. Retrieved 25 May 2018.
Jump up ^ Roberts, Jeff John (25 May 2018). "The GDPR Is in Effect: Should U.S. Companies Be Afraid?". Retrieved 28 May 2018.
Jump up ^ "What Percentage of Your Software Vulnerabilities Have GDPR Implications?" (PDF). HackerOne. 16 January 2018. Retrieved 6 July 2018.
Jump up ^ "The Data Protection Officer (DPO): Everything You Need to Know". Cranium and HackerOne. 20 March 2018. Retrieved 6 July 2018.
Jump up ^ "What might bug bounty programs look like under the GDPR?". The International Association of Privacy Professionals (IAPP). 27 March 2018. Retrieved 6 July 2018.
Jump up ^ "Fall asleep in seconds by listening to a soothing voice read the EU's new GDPR legislation". The Verge. Retrieved 2018-06-16.
Jump up ^ "How Europe's GDPR Regulations Became a Meme". Wired. Retrieved 2018-06-17.
Jump up ^ "The Internet Created a GDPR-Inspired Meme Using Privacy Policies". Adweek. Retrieved 2018-06-17.
Jump up ^ Burgess, Matt. "Help, my lightbulbs are dead! How GDPR became bigger than Beyonce". Wired.co.uk. Retrieved 2018-06-17.
Jump up ^ "Here Are Some of the Worst Attempts At Complying with GDPR". Motherboard. 2018-05-25. Retrieved 2018-06-17.
Jump up ^ "Instapaper is temporarily shutting off access for European users due to GDPR". The Verge. Retrieved 24 May 2018.
Jump up ^ "Unroll.me to close to EU users saying it can't comply with GDPR". TechCrunch. Retrieved 2018-05-29.
Jump up ^ Hern, Alex; Waterson, Jim (24 May 2018). "Sites block users, shut down activities and flood inboxes as GDPR rules loom". The Guardian. Retrieved 25 May 2018.
Jump up ^ "Blocking 500 Million Users Is Easier Than Complying With Europe's New Rules". Bloomberg L.P. 25 May 2018. Retrieved 26 May 2018.
Jump up ^ "U.S. News Outlets Block European Readers Over New Privacy Rules". The New York Times. 25 May 2018. ISSN 0362-4331. Retrieved 26 May 2018.
Jump up ^ "Look: Here's what EU citizens see now that GDPR has landed". Advertising Age. Retrieved 26 May 2018.
Jump up ^ Tiku, Nitasha (24 May 2018). "Why Your Inbox Is Crammed Full of Privacy Policies". Wired. Retrieved 25 May 2018.
Jump up ^ Chen, Brian X. (23 May 2018). "Getting a Flood of G.D.P.R.-Related Privacy Policy Updates? Read Them". The New York Times. ISSN 0362-4331. Retrieved 25 May 2018.
Jump up ^ Lanxon, Nate (25 May 2018). "Blocking 500 Million Users Is Easier Than Complying With Europe's New Rules". Bloomberg. Retrieved 25 May 2018.
Jump up ^ "GDPR mayhem: Programmatic ad buying plummets in Europe – Digiday". Digiday. 25 May 2018. Retrieved 26 May 2018.
Jump up ^ "GDPR: noyb.eu filed four complaints over "forced consent" against Google, Instagram, WhatsApp and Facebook" (PDF). NOYB.eu. 25 May 2018. Retrieved 26 May 2018.
Jump up ^ "Facebook and Google hit with $8.8 billion in lawsuits on day one of GDPR". The Verge. Retrieved 26 May 2018.
Jump up ^ "Max Schrems files first cases under GDPR against Facebook and Google". The Irish Times. Retrieved 26 May 2018.
Jump up ^ "Facebook, Google face first GDPR complaints over 'forced consent'". TechCrunch. Retrieved 26 May 2018.
Jump up ^ Meyer, David. "Google, Facebook hit with serious GDPR complaints: Others will be soon". ZDNet. Retrieved 26 May 2018.
Jump up ^ "California Unanimously Passes Historic Privacy Bill". WIRED. Retrieved 2018-06-29.
Jump up ^ "Marketers and tech companies confront California's version of GDPR". Retrieved 2018-06-29.
Jump up ^ "Data protection reform: Council adopts position at first reading – Consilium". Europa (web portal).
Jump up ^ Adoption of the Council's position at first reading, Votewatch.eu
Jump up ^ Written procedure, 8 April 2016, Council of the European Union
Jump up ^ "Data protection reform – Parliament approves new rules fit for the digital era – News – European Parliament".
Jump up ^ Kolsrud, Kjetil (10.07.18). "GDPR – 20. juli er datoen!". Rett24. Retrieved 13.07.18. Check date values in: |accessdate=, |date= (help)
Jump up ^ "Digital Single Market". Digital Single Market.
Jump up ^ 2019 ePR in effect on eprivacy.eu
External links[edit]
EU Data Protection page
Procedure 2012/0011/COD, EUR-Lex
Regulation (EU) 2016/679 of the European Parliament and of the Council 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), EUR-Lex
General Data Protection Regulation, final version dated 27 April 2016 (PDF)
2012/0011(COD) – Personal data protection: processing and free movement of data (General Data Protection Regulation), European Parliament
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