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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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