Category: data protection

FOIA Appeals and Enforcement: Who has the Power? – Panopticon

Posted July 3rd, 2020 in appeals, data protection, enforcement, freedom of information, local government, news, tribunals by sally

‘When the First-tier Tribunal decides an information rights appeal and finds in favour of the requestor, who has the responsibility for enforcing any non-compliance with that judgment? Is it the FTT, or is the Information Commissioner? In an interesting judgment of Judge Jacobs in Moss v Information Commissioner & Royal Borough of Kingston upon Thames [2020] UKUT 174 (AAC), the Upper Tribunal has held that it is the FTT.’

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Panopticon, 2nd July 2020

Source: panopticonblog.com

Solicitor “should not have served claim by post” after lockdown – Litigation Futures

Posted June 30th, 2020 in data protection, news, postal service, service, solicitors, summary judgments, time limits by sally

‘A solicitor who served proceedings on a council by post two days after lockdown had gone into effect showed “poor judgement”, a High Court judge has ruled.’

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Litigation Futures, 29th June 2020

Source: www.litigationfutures.com

Obligations in relation to electronic records and devices: fresh guidance from the Court of Appeal (Criminal Division) – Park Square Barristers

Posted June 29th, 2020 in appeals, chambers articles, data protection, disclosure, electronic mail, news, privacy, witnesses by sally

‘Two otherwise unrelated cases were listed together to provide the Court of Appeal (Criminal Division), headed by the Vice – President Lord Justice Fulford, with an opportunity to consider various issues relating to the retention, inspection, copying, disclosure and deletion of the electronic records held by prosecution witnesses.’

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Park Square Barristers, 26th June 2020

Source: www.parksquarebarristers.co.uk

UK’s facial recognition technology ‘breaches privacy rights’ – The Guardian

Posted June 24th, 2020 in appeals, data protection, equality, facial mapping, human rights, investigatory powers, news, police, privacy, race discrimination by sally

‘Automated facial recognition technology that searches for people in public places breaches privacy rights and will “radically” alter the way Britain is policed, the court of appeal has been told.’

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The Guardian, 23rd June 2020

Source: www.theguardian.com

Machine Learning in Healthcare: Regulating Transparency – UK Human Rights Blog

Posted June 19th, 2020 in artificial intelligence, confidentiality, data protection, human rights, medical treatment, news by sally

‘PHG, linked with Cambridge University, provides independent advice and evaluations of biomedical and digital innovations in healthcare. PHG has recently published a series of reports exploring the interpretability of machine learning in this context. The one I will focus on in this post is the report considering the requirements of the GDPR for machine learning in healthcare and medical research by way of transparency, interpretability, or explanation. Links to the other reports are given at the end of this post.’

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UK Human Rights Blog, 18th June 2020

Source: ukhumanrightsblog.com

Police in England and Wales taking ‘excessive personal data’ from mobile phones – The Guardian

Posted June 18th, 2020 in consent, data protection, news, police, privacy, reports, telecommunications, victims, witnesses by sally

‘Police are extracting “excessive amounts of personal data” from the mobile phones of victims and witnesses during investigations and are in danger of discouraging the public from reporting crime, the Information Commissioner’s Office (ICO) has warned.’

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The Guardian, 18th June 2020

Source: www.theguardian.com

Police in England and Wales dropping rape inquiries when victims refuse to hand in phones – The Guardian

Posted June 18th, 2020 in data protection, evidence, news, police, privacy, prosecutions, rape, telecommunications, victims by sally

‘Rape investigations are being systematically dropped after victims refuse to hand over their mobile phones for analysis, an investigation has found.’

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The Guardian, 17th June 2020

Source: www.theguardian.com

Coronavirus and police drone use – Law Society’s Gazette

Posted June 16th, 2020 in aircraft, coronavirus, data protection, evidence, news, police, video recordings by sally

‘The police have an important role to play at the time of a pandemic when social distancing and self-isolation are so important. However, any action they take must be proportionate, transparent and, above all, lawful. Anything else will erode public confidence in the police and make their job more difficult.’

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Law Society, 15th June 2020

Source: www.lawgazette.co.uk

Supreme Court to rule on Google representative action – Litigation Futures

Posted June 10th, 2020 in appeals, compensation, data protection, internet, news, privacy, representative actions, Supreme Court by sally

‘The Supreme Court is to review a Court of Appeal decision to allow a £3bn representative action against Google for misuse of private data to go ahead.’

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Litigation Futures, 10th June 2020

Source: www.litigationfutures.com

Overseas Production Orders – A New Tool to Obtain Foreign Electronic Evidence – 6KBW College Hill

Posted June 5th, 2020 in Crown Court, data protection, evidence, foreign jurisdictions, news by sally

‘For years, prosecutors and defenders have acted in the confident knowledge that obtaining certain types of important electronic evidence from overseas in time for use at trial has been very difficult. That may now change: the Crime (Overseas Production Orders) Act 2019 (“the Act”) received the Royal Assent on 12 February 2019. The provisions of the Act came into force on 9 October 2019.’

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6KBW College Hill, 25th May 2020

Source: blog.6kbw.com

Tim Cochrane: The Impact of the CLOUD Act Regime on the UK’s Death Penalty Assurances Policy – UK Constitutional Law Association

Posted June 1st, 2020 in constitutional law, data protection, death penalty, foreign jurisdictions, investigatory powers, news by sally

‘This post discusses the impact of the new CLOUD Act international data sharing regime on the UK’s death penalty assurances policy. This regime—named after its enabling US legislation, the Clarifying Lawful Overseas Use of Data Act—is due to come into force in July 2020 following the signing of a bilateral US–UK agreement in October 2019 (US-UK Agreement). It provides a quicker alternative for law enforcement seeking access to electronic data overseas, beyond the existing mutual legal assistance (MLA) process, which operates through MLA treaties (MLATs) and other mechanisms. However, while the CLOUD Act regime has an admirable aim, its implementation weakens the UK’s existing death penalty assurances policy and thus risks exposing the UK and others to significant liability, as discussed below.’

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UK Constitutional Law Association, 1st June 2020

Source: ukconstitutionallaw.org

Privacy group prepares legal challenge to NHS test-and-trace scheme – The Guardian

Posted June 1st, 2020 in computer programs, coronavirus, data protection, government departments, human rights, news, privacy, time limits by sally

‘Privacy campaigners are preparing a legal challenge to the NHS’s coronavirus test-and-trace programme as concerns grow about the amount of contact data that will be collected and retained by government.’

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The Guardian, 31st May 2020

Source: www.theguardian.com

Data watchdog relaxes regulatory function to prioritise guidance on complying with law during coronavirus public health emergency – Local Government Lawyer

Posted May 26th, 2020 in auditors, coronavirus, data protection, enforcement, fines, freedom of information, news, ombudsmen by sally

‘The Information Commissioner’s Office (ICO) will stand down audit work, issue fewer fines and generally use fewer formal powers against organisations that are struggling to meet data protection standards as a result of the COVID-19 pandemic.’

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Local Government Lawyer, 22nd May 2020

Source: www.localgovernmentlawyer.co.uk

What Morrisons means for employer liability – Law Society’s Gazette

Posted May 21st, 2020 in causation, data protection, news, Supreme Court, vicarious liability by sally

‘The Supreme Court recently ruled that Morrison Supermarkets was not vicariously liable for a data breach committed maliciously by a former employee who disclosed employee payroll data online (WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12). The judgment clarified that the test for vicarious liability is whether the acts committed by the employee were ‘so closely connected’ with the acts that they were authorised to carry out by their employer that such acts ‘can fairly and properly be regarded as done’ by the employee acting in the ordinary course of his or her employment.’

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Law Society's Gazette, 18th May 2020

Source: www.lawgazette.co.uk

School breached data protection and human rights, unlawfully misused personal information of Down’s Syndrome pupil and mother: High Court – Local Government Lawyer

Posted May 21st, 2020 in data protection, disabled persons, human rights, news, school children by sally

‘A primary school breached the Data Protection Act 1988 and Human Rights Act 1998 and unlawfully misused the personal information of a child with Down’s Syndrome and her mother, the High Court has ruled.’

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Local Government Lawyer, 18th May 2020

Source: www.localgovernmentlawyer.co.uk

MPs and peers call for legal requirement to delete UK contact-tracing data – The Guardian

Posted May 21st, 2020 in bills, coronavirus, data protection, internet, news, select committees by sally

‘The government must legally swear to delete all the data it captures using the NHS Covid-19 contact-tracing app, a committee of MPs and peers has urged.’

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The Guardian, 15th May 2020

Source: www.theguardian.com

Practice – Mail’s Strikeout Application – NIPC Law

Posted May 18th, 2020 in chambers articles, copyright, damages, data protection, media, news, privacy by sally

‘This was an application by the publisher of the Mail on Sunday and the Mail Online to strike out certain allegations contained in the particulars of claim and further information of the Duchess of Sussex and later the reply in an action that she has brought against the publisher for copyright infringement, misuse of private information and infringement of her rights under the General Data Protection Regulation. The complaint arises from the newspaper’s publication of a letter from the duchess to her father on 10 Feb 2019.’

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NIPC Law, 17th May 2020

Source: nipclaw.blogspot.com

An Act for the App? Is the NHS contact app bad for your privacy? – Doughty Street Chambers

Posted May 18th, 2020 in bills, chambers articles, computer programs, coronavirus, data protection, human rights, news, privacy, select committees by sally

‘Following the publication last week by the Joint Committee on Human Rights of its report on the proposed NHS App and the risk of adverse effects on privacy and human rights, the Committee has drafted a Bill – the Digital Contact Tracing (Data Protection Bill) – and sent it to the Health Secretary, Matt Hancock.’

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Doughty Street Chambers, 12th May 2020

Source: insights.doughtystreet.co.uk

Contact tracing – breach of data protection? – UK Human Rights Blog

Posted May 18th, 2020 in chambers articles, computer programs, coronavirus, data protection, human rights, news, privacy by sally

‘In the rush to lift the lockdown with safeguards, the government has given a green light to “contact tracing” via bluetooth apps on our smartphones (provided we own them and are willling to take up the app).’

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UK Human Rights Blog, 15th May 20202

Source: ukhumanrightsblog.com

Digital Contact Tracing Updates from the Human Rights Committee – UK Human Rights Blog

Posted May 12th, 2020 in computer programs, coronavirus, data protection, news, privacy, select committees by sally

‘The Human Rights Committee, reviewing NHSX’s current digital contact tracing app architecture, has recommended that the government’s current privacy assurances are not sufficient to protect data privacy and that legislation must be passed to ensure that. This echoes Professor Lilian Edwards’ call for primary legislation to ensure privacy rights are protected. These recommendations are given special significance NHSX’s choice to adopt the controversial and arguably less secure “centralised” model.’

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UK Human Rights Blog, 11th May 2020

Source: ukhumanrightsblog.com