‘The government has sent a first signal of its intention for UK data protection laws to part company with the EU’s General Data Protection Regulation. In a Financial Times article last week, culture secretary Oliver Dowden said he would use the appointment of a new information commissioner to focus not just on privacy but on the use of data for “economic and social goals”.’
Law Society's Gazette, 8th March 2021
Source: www.lawgazette.co.uk
‘Last week’s news that the European Commission is to approve the treasured ‘adequacy’ status of UK data protection laws came as a relief to much of the legal sector. Apart from allowing businesses to continue sharing personal data across the EU when the current bridging agreement expires in June, adequacy status also helps with law enforcement and other matters where cross-border co-operation is vital.’
Law Society's Gazette, 22nd February 2021
Source: www.lawgazette.co.uk
‘The High Court has sounded a new warning about “Micawber tactics” in a summary judgment in the high-profile action brought by the Duchess of Sussex (Meghan Markle) against the Mail newspaper. Lord Justice Warby, sitting as a judge in the Chancery Division, found that the duchess had a reasonable expectation of privacy when she wrote a personal letter to her father, even though she feared it might be leaked to the press.’
Law Society's Gazette, 12th February 2021
Source: www.lawgazette.co.uk
‘The Duchess of Sussex has won her high court privacy case against the Mail on Sunday, hailing her victory as a “comprehensive win” over the newspaper’s “illegal and dehumanising practices”.’
The Guardian, 11th February 2021
Source: www.theguardian.com
‘On 8 February 2020, small but significant changes were made to the Part 3 (Case Management) of the Criminal Procedure Rules and Practice Directions 2020 (“CrimPR”). These changes remove the requirement that defendants in criminal trials provide their nationality to the court at preliminary hearings. The question is now to be asked only where a court passes an immediate or suspended custodial sentence.’
UK Human Rights Blog, 9th February 2021
Source: ukhumanrightsblog.com
‘Lawyers leading group litigation against British Airways have been told they cannot expect the defendant to pay the £1m costs of advertising for claimants if the action succeeds.’
Law Society's Gazette, 8th February 2021
Source: www.lawgazette.co.uk
‘The family courts are putting domestic abuse victims and children at grave risk by sharing the secret addresses of shelters with the abusive ex-partner they are fleeing, and some survivors are suffering stalking as a result, London’s independent victims’ commissioner has warned.’
The Independent, 7th February 2021
Source: www.independent.co.uk
‘The government has been urged to remove ‘blind spots’ in the Domestic Abuse Bill that could deter migrant women from reporting domestic abuse to the police for fear of being deported or enable perpetrators to control their victims.’
Law Society's Gazette, 3rd February 2021
Source: www.lawgazette.co.uk
‘If concerns are raised that a person might be vulnerable to radicalisation, how long can a police force hold data about that person? This was the question facing the High Court in the case of R (II) v Commissioner of Police for the Metropolis [2020] EWHC 2528 (Admin), which held that the police’s continued retention of data a sixteen year old was contrary to the Data Protection Act 2018 and article 8. In finding this, the court held that a force’s retention of data must be proportionate, what is proportionate in any given situation is fact-specific and that when the police cease to be able to identify a policing purpose for continued retention of personal data, it should be deleted.’
UK Police Law Blog, 28th January 2021
Source: ukpolicelawblog.com
‘The UK’s data regulator is writing to WhatsApp to demand that the chat app does not hand user data to Facebook, as millions worldwide continue to sign up for alternatives such as Signal and Telegram to avoid forthcoming changes to its terms of service.’
The Guardian, 26th January 2021
Source: www.theguardian.com
‘Data-sharing arrangements between one controller and another proliferate across all sorts of processing contexts, aimed at all sorts of purposes. If those arrangements are to comply with the GDPR and/or DPA 2018, they need to be structured so as to ensure that the data-sharing satisfies the data protection principles. This includes having “appropriate technical and organisational measures” in place. So far, so clear. But how do you assess whether your measures are “appropriate”? And if push comes to shove, how will a court approach that assessment?’
Panopticon, 25th January 2021
Source: panopticonblog.com
‘A teenager has failed in a judicial review of how information on her was shared between Sussex Police and the Brighton & Hove Business Crime Reduction Partnership.’
Local Government Lawyer, 21st January 2021
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has granted anonymity to a 12-year-old girl, allowing the Children’s Commissioner, as her litigation friend, to bring a breach of privacy action against social media platform TikTok.’
Litigation Futures, 7th January 2021
Source: www.litigationfutures.com
‘Police and government must urgently introduce measures to stop police sharing domestic abuse victims’ immigration data with the Home Office, a major new report has warned.
Campaigners have routinely voiced fears women with unsettled immigration status who are suffering domestic violence are often too fearful to report the abuse due to fears police will share their data with the Home Office and they will face deportation.’
The Independent, 17th December 2020
Source: www.independent.co.uk
‘General Data Protection Regulation fines are like a number 65 bus: you wait for a long time and then three arrive at once. In the space of a month the Information Commissioner’s Office (ICO) has issued three monetary penalty notices. All relate to breaches of GDPR’s security requirements as set out in articles 5 and 32.’
Law Society's Gazette, 7th December 2020
Source: www.lawgazette.co.uk
‘The information commissioner has criticised the “antiquated process” that led to Facebook getting hold of Cambridge Analytica’s servers before the UK regulator itself, and renewed calls for an international approach to data privacy to tackle the emerging threat of data havens.’
The Guardian, 24th November 2020
Source: www.theguardian.com
‘Leanne Francis comments on the ICO’s new guidance on handling data subject access requests from employees.’
OUT-LAW.com, 5th November 2020
Source: www.pinsentmasons.com
‘The Court of Appeal in London has strengthened the tools available to rights holders when seeking to control and exploit commercially valuable data within sport and set out the pitfalls for third parties who seek to do the same without clear, unambiguous approval from a rights holder.’
OUT-LAW.com, 3rd November 2020
Source: www.pinsentmasons.com
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