‘Serious concerns’ about DWP’s use of AI to read correspondence from benefit claimants – The Guardian

‘White mail system handles “highly sensitive personal data” and people not told it is processing their information.’

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The Guardian, 27th January 2025

Source: www.theguardian.com

Representative actions for mis-use of private information: “very difficult to bring” Prismall v Google [2024] EWCA Civ 1516 – Henderson Chambers

‘The Court of Appeal has upheld the striking out a representative action for misuse of private information. The judgment confirms the correct approach to identifying whether all claimants have the necessary ‘same interest’ in order to pursue a representative action. It highlights the risk that stripping back a claim to its lowest common denominator so as to satisfy the ‘same interest’ requirement may result in the pared down claim having no real prospect of success. Indeed, the Court of Appeal concluded that “a representative class claim for misuse of private information is always going to be very difficult to bring”.’

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Henderson Chambers, 23rd December 2025

Source: www.hendersonchambers.co.uk

UK data protection law facing scrutiny and reform in 2025 – OUT-LAW.com

Posted January 8th, 2025 in bills, brexit, data protection, EC law, news by sally

‘Businesses could see material changes to UK data protection laws in 2025 at a time when the compatibility of those laws with equivalent legislation in the EU will be under scrutiny.’

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OUT-LAW.com, 7th January 2025

Source: www.pinsentmasons.com

David Erdos: A Clear Oversight? Inquiring into the Information Commissioner’s 2024 Statutory Review of Journalism – UK Constitutional Law Association

Posted December 20th, 2024 in constitutional law, data protection, inquiries, media, news, privacy by sally

‘2024 was billed to be the year of the first ‘robust and comprehensive’ UK statutory review of the extent of journalism’s compliance with data protection law and good practice, a formal appraisal which was (and is) meant to become a clear ‘part of the media landscape’ as reformed by the Data Protection Act (DPA) 2018 in the wake of the general/first part of the Leveson Inquiry. In sum, the Information Commissioner’s Office (ICO) was obliged to assess and report on the extent of journalistic compliance with data protection law and good practice during the first four years of the new regime (as well as over subsequent five year periods). Reflecting the admittedly very challenging nature of this task, the ICO also gained unprecedented and far-reaching powers (Sch. 17) which enabled it to compel the provision of relevant information with only 24 hours’ notice (para. 2) and even to assess activity on site through assessment notices (para. 3). Unfortunately, as this blog will explicate, the ICO did not use any of these powers or undertake a Review which can be seen as either robust or comprehensive, produced an Outcomes Report which failed to come to any definitive view as to the extent of journalistic compliance and also elected not to proactively publicise its Review Report in any way at the time of its release.’

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UK Constitutional Law Association, 17th December 2024

Source: ukconstitutionallaw.org

UK data regulator criticises Google for ‘irresponsible’ ad tracking change – The Guardian

Posted December 20th, 2024 in advertising, data protection, internet, news, privacy by sally

‘Britain’s data protection regulator has labelled Google as “irresponsible” for allowing advertisers to track customers’ digital “fingerprints”, amid fears even privacy-conscious users will find the online monitoring technique difficult to block.’

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The Guardian, 19th December 2024

Source: www.theguardian.com

Misuse of private information: Google and DeepMind Technologies – UK Human Rights Blog

‘Prismall v Google UK Ltd [2024] EWCA Civ 1516. This was not a class action but a representative action, pursuant to what is now Civil Procedure Rule (CPR) 19.8, for the tort of misuse of private information against the respondents Google UK Limited (Google) and DeepMind Technologies Limited (DeepMind). The action was on behalf of Mr Prismall and a class of persons said to number approximately 1.6 million.’

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UK Human Rights Blog, 13th December 2024

Source: ukhumanrightsblog.com

ICO calls on businesses to share data for tackling fraud – OUT-LAW.com

‘The UK’s data protection regulator has asked banks, telecommunications providers and digital platforms to share personal information responsibly to protect their customers from scams and fraud, and clarified that data protection law is not an excuse for failing to do so.’

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OUT-LAW.com, 26th November 2024

Source: www.pinsentmasons.com

ICO makes data protection recommendations on AI recruitment tools – OUT-LAW.com

Posted November 20th, 2024 in artificial intelligence, data protection, news, recruitment by tracey

‘Employers in the UK who use artificial intelligence (AI) tools for recruitment need to pay attention to their data protection obligations and have oversight of the AI provider’s data protection compliance process, a recent report by the UK’s data protection regulator has urged.’

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OUT-LAW.com, 19th November 2024

Source: www.pinsentmasons.com

Domestic abuse victim’s new home address leaked to ex-partner after data breach – The Independent

‘A domestic abuse victim said she was left fearing for her life after a company which obtains restraining orders accidentally leaked her home address to her ex-partner.’

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The Independent, 5th November 2024

Source: www.independent.co.uk

Data protection reforms envisaged under UK ‘use and access’ bill – OUT-LAW.com

‘Significant changes to data protection law have been proposed by the UK government, including to rules relevant to the use of AI systems in decision-making processes and to the use of data for the purposes of scientific research, as well as new rules aimed at liberalising data held by public sector organisations and businesses alike.’

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OUT-LAW.com, 25th October 2024

Source: www.pinsentmasons.com

Court of Appeal refuses certification challenge in Gormsen v Meta – OUT-LAW.com

‘The Court of Appeal in London has dismissed arguments that the Competition Appeal Tribunal (CAT) erred in law by permitting an “unfair pricing” argument and in its assessment of the “unfair trading conditions” argument.’

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OUT-LAW.com, 23rd October 2024

Source: www.pinsentmasons.com

Manchester Arena survivors win case against man who claimed there was ‘no bomb’ – The Guardian

Posted October 24th, 2024 in children, data protection, explosives, harassment, news, terrorism, victims by sally

‘Two survivors of the Manchester Arena bombing have won a high court harassment case against a former television producer who claimed the attack had been staged.’

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The Guardian, 23rd October 2024

Source: www.theguardian.com

New data laws aim to ‘improve public services and boost economy by £10 billion’ – The Independent

Posted October 24th, 2024 in bills, data protection, government departments, hospitals, news, police by tracey

‘Proposed new data laws will free up police and NHS staff time, boost the economy and make it easier to register births and deaths or start a new job, the Government has said.’

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The Independent, 24th October 2024

Source: www.independent.co.uk

ICO reprimands law firm after client data ends up on dark web – Legal Futures

Posted October 15th, 2024 in confidentiality, data protection, internet, law firms, news, privacy, solicitors by tracey

‘A law firm that was hacked and had sensitive client data published on the dark web has been reprimanded by the Information Commissioner’s Office (ICO).’

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Legal Futures, 14th October 2024

Source: www.legalfutures.co.uk

Speech by the Master of the Rolls: AI and the GDPR – Courts and Tribunals Judiciary

Posted October 14th, 2024 in artificial intelligence, data protection, judges, news, speeches by tracey

‘Speech by the Master of the Rolls: AI and the GDPR, Irish Law Society Industry Event, Wednesday 09 October 2024.’

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Courts and Tribunals Judiciary, 11th October 2024

Source: www.judiciary.uk

Firm sanctioned by ICO after hackers steal clients’ personal details – Law Society’s Gazette

Posted October 14th, 2024 in confidentiality, data protection, law firms, news, sanctions, solicitors by tracey

‘A Hampshire law firm has been reprimanded by the data watchdog after hackers were able to access client details because of insufficient security measures.’

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Law Society's Gazette, 14th October 2024

Source: www.lawgazette.co.uk

Met settles £1m civil case after wrongful arrest of black bank manager in 2017 – The Guardian

‘A black executive who sued the Metropolitan police for £1m has told of the “bitter-sweet moment” of reaching a settlement with the force after alleging that he was racially profiled.’

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The Guardian, 1st October 2024

Source: www.theguardian.com

Dark patterns – Mills & Reeve

‘The ASA has banned Nike and Sky adverts, on the basis they use so called “dark patterns”. Dark patterns are a range of techniques which cross the line from legitimate advertising techniques to ones which unlawfully nudge consumers into making choices not in their best interests. These decisions come as the ASA joins the CMA in undertaking wider proactive investigations into online choice architecture that amount to unlawful dark patterns.’

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Mills & Reeve, 27th September 2024

Source: www.mills-reeve.com

Data protection prosecutions and employer liability – Local Government Lawyer

Posted September 23rd, 2024 in data protection, employment, local government, news by tracey

‘Ibrahim Hasan considers the prosecution of employees for data protection offences and the potential liability of their employers.’

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Local Government Lawyer, 20th September 2024

Source: www.localgovernmentlawyer.co.uk

Tackling theft or improper use of confidential information in the civil courts – OUT-LAW.com

‘Businesses faced with the theft or unauthorised use of their confidential data have a suite of remedies available to them in the civil courts to recover that data or prevent its further use.’

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OUT-LAW.com, 19th September 2024

Source: www.pinsentmasons.com