Genetic testing company 23andMe investigated over hack that hit 7m users – The Guardian

Posted June 11th, 2024 in data protection, genetic testing, health, news by tracey

‘The California genetic testing company 23andMe faces investigations by the data watchdogs of the UK and Canada over a security breach affecting nearly 7 million people last October.’

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The Guardian, 11th June 2024

Source: www.theguardian.com

Independent UK retailers claim £1bn damages against Amazon – The Guardian

Posted June 10th, 2024 in class actions, competition, damages, data protection, news by tracey

‘Independent UK retailers have launched the biggest ever retail class action with a £1bn claim for damages against Amazon, which they allege has been pushing them out of its online marketplace.’

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The Guardian, 7th June 2024

Source: www.theguardian.com

Grindr goes to Court (Part II): Individuals’ HIV Status and the Right to Private Life – Oxford Human Rights Hub

‘Part I of this blog examined the protection of an individual’s HIV status under the UK’s data protection regime in the context of ongoing litigation against Grindr. Part II examines the human rights implications of the disclosure of individuals’ HIV status to third parties in the European human rights context.’

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Oxford Human Rights Hub, 5th June 2024

Source: ohrh.law.ox.ac.uk

Grindr goes to Court (Part I): UK Data Protection Law and the Disclosure of Individuals’ HIV Status – Oxford Human Rights Hub

‘A case brought in April 2024 before the High Court of England and Wales alleges that Grindr shared sensitive information, including users’ HIV status, with third parties for commercial purposes in breach of the UK’s data protection regime. Grindr is an LGBT+ social networking and dating app with a reputation for facilitating casual sexual encounters between gay men. On their profiles, Grindr users are able to share personal health information, including their HIV status. Sharing such information before sexual intercourse is important since, in England and Wales, the transmission of a sexually-transmitted infection, such as HIV, when a sexual partner did not consent to the risk of infection can be prosecuted under the Offences Against the Person Act 1861 (see section 71 of the Domestic Abuse Act 2021).’

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Oxford Human Rights Hub, 4th June 2024

Source: ohrh.law.ox.ac.uk

UK GDPR and changes to pending legislation – Law Society’s Gazette

Posted June 3rd, 2024 in bills, brexit, data protection, EC law, news by sally

‘The Data Protection and Digital Information Bill was due to enter the report stage in the House of Lords on 10 June. It may, among other things, make changes to the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR). I say ‘may’ because just after I wrote this, Rishi Sunak called a general election. However there is still a chance of it passing (see later), so let us for now proceed on this basis.’

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Law Society's Gazette, 29th May 2024

Source: www.lawgazette.co.uk

Small Data: damage, distress and the development of a new type of claim – Law Pod UK

‘Jasper Gold of 1 Crown Office Row joins Lucy McCann to explore “small data” claims, where data and personal injury law intersect.’

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Law Pod UK, 15th May 2024

Source: audioboom.com

Tory party refers itself to watchdog over alleged data breach – The Guardian

Posted May 14th, 2024 in data protection, electronic mail, news, political parties by tracey

‘The Conservative party has referred itself to the data protection watchdog over an alleged data breach after it revealed hundreds of email addresses in a pitch to sign up for its annual conference.’

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The Guardian, 14th May 2024

Source: www.theguardian.com

Data, disclosure and duties: balancing privacy and safeguarding in the context of UK university student sexual misconduct complaints – Legal Studies

‘The past decade has seen a marked shift in the regulatory landscape of UK higher education. Institutions are increasingly assuming responsibility for preventing campus sexual misconduct, and are responding to its occurrence through – amongst other things – codes of (mis)conduct, consent and/or active bystander training, and improved safety and security measures. They are also required to support victim-survivors in continuing with their education, and to implement fair and robust procedures through which complaints of sexual misconduct are investigated, with sanctions available that respond proportionately to the seriousness of the behaviour and its harms. This paper examines the challenges and prospects for the success of university disciplinary processes for sexual misconduct. It focuses in particular on how to balance the potentially conflicting rights to privacy held by reporting and responding parties within proceedings, while respecting parties’ rights to equality of access to education, protection from degrading treatment, due process, and the interests of the wider campus community. More specifically, we explore three key moments where private data is engaged: (1) in the fact and details of the complaint itself; (2) in information about the parties or circumstances of the complaint that arise during the process of an investigation and/or resultant university disciplinary process; and (3) in the retention and disclosure (to reporting parties or the university community) of information regarding the outcomes of, and sanctions applied as part of, a disciplinary process. We consider whether current data protection processes – and their interpretation – are compatible with trauma-informed practice and a wider commitment to safety, equality and dignity, and reflect on the ramifications for all parties where that balance between rights or interests is not struck.’

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Legal Studies, 3rd May 2024

Source: www.cambridge.org

Government backs amendment to better protect victims’ counselling records – Ministry of Justice

‘New legislation will provide extra protections for victims’ counselling notes during criminal investigations.’

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Ministry of Justice, 23rd April 2024

Source: www.gov.uk

Smart gadgets: Tougher rules for sellers of internet-enabled devices in the UK – BBC News

Posted April 29th, 2024 in computer crime, computer programs, data protection, internet, news by tracey

‘Manufacturers will have to follow stricter rules if they want to sell “smart” gadgets in the UK after a new law came into effect.’

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BBC News, 29th April 2024

Source: www.bbc.co.uk

Reforms in UK Data Protection Law: Potential Impacts on Individuals’ Rights Protection and AI Transparency – Oxford Human Rights Hub

Posted April 26th, 2024 in artificial intelligence, bills, brexit, data protection, news by sally

‘The Data Protection and Digital Information Bill (DPDI Bill) was re-introduced into the UK Parliament in March 2023 and is currently being debated at the Committee stage in the House of Lords. Since Brexit, the UK can unilaterally decide to reform its legal framework on personal data regulation so that data power can be further unlocked. This objective is also tightly related to the pro-innovation approach aimed at spurring AI development in the UK. The DPDI Bill seeks to provide organisations with greater flexibility and stability in data processing while maintaining high standards of data protection. Nevertheless, there is considerable debate whether proposed changes in the DPDI Bill may dilute essential rights to data protection for individuals and undermine transparency in data processing related to AI.’

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Oxford Human Rights Hub, 23rd April 2024

Source: ohrh.law.ox.ac.uk

Lawsuit in London to allege Grindr shared users’ HIV status with ad firms – The Guardian

Posted April 22nd, 2024 in advertising, data protection, HIV, homosexuality, internet, news by sally

‘Grindr faces the prospect of legal action by hundreds of users who will allege that the dating app shared highly sensitive personal information, including in some cases their HIV status, with advertising companies.’

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The Guardian, 22nd April 2024

Source: www.theguardian.com

Jail for sex offender given access to child’s data by law firm’s error – Legal Futures

‘A convicted sex offender accidentally given access by a law firm to a vulnerable child’s confidential information has been jailed for six months for not complying with court orders to delete it.’

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Legal Futures, 16th April 2024

Source: www.legalfutures.co.uk

ICO unveils new data protection fining guidance – OUT-LAW.com

Posted March 25th, 2024 in data protection, fines, news, ombudsmen, privacy by tracey

‘The Information Commissioner’s Office (ICO) has published new guidance setting out how it will determine penalty notices and calculate fines under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).’

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OUT-LAW.com, 22nd March 2024

Source: www.pinsentmasons.com

Balancing the autonomy and protection of children: competency challenges in data protection law – Information & Communications Technology Law

Posted March 14th, 2024 in children, data protection, news by sally

‘This article considers some complexities surrounding the determination of child competency in matters of data protection. Focusing on the Information Commissioner’s Office (ICO) guidelines, the article highlights the apparently pivotal role competency plays in granting children the ability to exercise their data protection rights and interests. The article critically examines the inherent challenges arising from the ICO’s approach, emphasising the reliance on data controllers to independently assess the competency of child data subjects. The inherent problematic nature of this approach is scrutinised, shedding light on potential shortcomings and raising questions about the effectiveness and fairness of such assessments.’

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Information & Communications Technology Law, 27th February 2024

Source: www.tandfonline.com

Claimant “does not know” identity of funder backing her case – Legal Futures

‘The High Court has rejected an attempt to progress a challenge to a major international tax transparency measure where the claimant has refused to identify their litigation funder.’

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Legal Futures, 11th March 2024

Source: www.legalfutures.co.uk

Data case shows CAT claims are broadening – OUT-LAW.com

Posted March 5th, 2024 in competition, data protection, news by tracey

‘The type of claims being raised in opt-out collective proceedings before the UK’s Competition Appeal Tribunal (CAT) is broadening, with the CAT’s recent certification of a data-related claim the latest example of this trend.’

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OUT-LAW.com, 4th March 2024

Source: www.pinsentmasons.com

Police force reprimanded after incorrectly merging records of people with same name and date of birth – Local Government Lawyer

Posted March 4th, 2024 in data protection, local government, news, ombudsmen, police, victims by tracey

‘The Information Commissioner’s Office (ICO) has issued a reprimand to West Midlands Police (WMP) after the force “repeatedly” mixed up two people’s personal information.’

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Local Government Lawyer, 1st March 2024

Source: www.localgovernmentlawyer.co.uk

ICO guide addresses Online Safety Act and GDPR cross-over – OUT-LAW.com

Posted February 28th, 2024 in data protection, internet, news, ombudsmen by sally

‘New guidance has been issued by the UK’s Information Commissioner’s Office (ICO) to help content platforms meet their duties under the UK’s Online Safety Act in a way that accords with UK data protection law.’

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OUT-LAW.com, 27th February 2024

Source: www.pinsentmasons.com

Hundreds of police officer data breach claims struck out – Legal Futures

Posted February 26th, 2024 in costs, damages, data protection, news, pensions, police, privacy, striking out by tracey

‘Hundreds of police officers who brought data breach and misuse of private information claims where their pre-issue costs alone were £1.2m have seen their claims struck out.’

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Legal Futures, 26th February 2024

Source: www.legalfutures.co.uk