Trafficking victim wins landmark victory in Salvation Army data case – The Guardian

‘A victim of county lines trafficking has won a landmark victory in the high court securing new protections against the Salvation Army handing over confidential information to the Home Office.’

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The Guardian, 12th December 2022

Source: www.theguardian.com

Met police illegally filmed children as young as 10 at climate protest – The Guardian

‘Police unlawfully spied on children as young as 10 taking part in a climate strike protest in London, documents have shown.’

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The Guardian, 5th December 2022

Source: www.theguardian.com

Painful lessons about the duty of candour (more on the unlawful seizure of migrants’ mobiles) – UK Human Rights Blog

‘In this first Judgment, the Court analysed powers granted by the Immigration Acts 1971 and 2016 and rejected the Defendant’s erroneous interpretation of the relevant statutory provisions. It then made consequential orders (also reported) including steps to publicise its ruling, given that over 400 phones, still held, could not be linked to any individual migrant.’

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UK Human Rights Blog, 21st November 2022

Source: ukhumanrightsblog.com

ICO reprimand for misuse of children’s data: a proportionate response or a let off? – Local Government Lawyer

‘Last week, the Department for Education received a formal reprimand from the Information Commissioner’s Office (ICO) over a “serious breach” of the GDPR involving the unauthorised sharing of up to 28 million children’s personal data. But the Department has avoided a fine, despite a finding of “woeful” data protection practices. Ibrahim Hasan reports.’

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Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Suffolk Police apology over sex abuse victims’ data on website – BBC News

Posted November 16th, 2022 in anonymity, data protection, internet, news, police, sexual offences, victims by sally

‘An investigation has begun after the personal details of sexual abuse victims appeared on a police website.’

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BBC News, 15th November 2022

Source: www.bbc.co.uk

The small boats storm and the unlawful seizure of mobile phones – UK Human Rights Blog

‘The storm raging around small boats arriving on the south coast has been brewing for some time. In early summer the focus was a policy to send arrivals to Rwanda. Intervention by the European Court of Human Rights effectively suspended flights while a domestic ruling on the policy’s legality is awaited. Meanwhile, in Dover a migrant processing centre has been firebombed, another is dangerously overcrowded, and the new Home Secretary raises tensions by speaking of an “invasion”.’

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UK Human Rights Blog, 4th November 2022

Source: ukhumanrightsblog.com

Information commissioner warns firms over ‘emotional analysis’ technologies – The Guardian

‘The information commissioner has warned companies to steer clear of “emotional analysis” technologies or face fines, because of the “pseudoscientific” nature of the field.’

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The Guardian, 25th October 2022

Source: www.theguardian.com

DPA breach at “lowest end of spectrum”: High Court awards £250 – Panopticon

‘Just about anyone who works in data protection will probably have asked, or have been asked: what do courts tend to award claimants who suffer data breaches? They will probably also be used to an answer along the lines that “it’s quite difficult to say; there isn’t very much case law”. Last week’s judgment of Knowles J in Driver v Crown Prosecution Service [2022] EWHC 2500 (KB) is a helpful contribution to this limited line of authority.’

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Panopticon, 17th October 2022

Source: panopticonblog.com

Claim worth £3,000 moved after costs rose towards £50,000 – Law Society’s Gazette

Posted October 11th, 2022 in costs, data protection, news, pleadings, small claims, solicitors by tracey

‘A High Court judge has made a veiled warning to solicitors not to over-plead on data protection cases and incur massive costs on unnecessary litigation.’

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Law Society’s Gazette, 10th October 2022

Source: www.lawgazette.co.uk

New property rights relevant to ‘data objects’ proposed – OUT-LAW.com

Posted October 6th, 2022 in consultations, cryptocurrencies, data protection, Law Commission, news by sally

‘A new property right that recognises an individual or entity’s control over “data objects” should be established in law in England and Wales, the Law Commission has said.’

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OUT-LAW.com, 3rd October 2022

Source: www.pinsentmasons.com

The Data Protection and Digital Information Bill: A new UK GDPR? – Local Government Lawyer

Posted September 9th, 2022 in bills, brexit, data protection, EC law, government departments, local government, news by tracey

‘In July the Government published the Data Protection and Digital Information Bill, the next step in its much publicised plans to reform the UK Data Protection regime following Brexit. Ibrahim Hasan sets out the key changes.’

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Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

Quantifying Damages for Psychiatric Injury and Distress Caused by Data Breaches – Ropewalk Chambers

Posted August 16th, 2022 in damages, data protection, news, psychiatric damage by sally

‘Both s. 13 of the Data Protection Act 1998 (“DPA 98”) and Art. 82 of the General Data Protection Regulation (“GDPR”) provide an individual with a right to compensation where she suffers material or non-material damage (including distress) – see Google Inc v Vidal-Hall [2015] EWCA Civ 311 and s. 168 of the Data Protection Act 2018 (“DPA 18”) as a result of infringements of the data protection principles contained in the respective legislative schemes. The DPA 98 applies to data breaches occurring before 23 May 2018 whilst the GDPR, as supplemented by DPA 18, applies to breaches occurring on or after that date. After the end of the post-Brexit implementation period on 31 January 2020 the UK GDPR applies.’

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Ropewalk Chambers, 26th July 2022

Source: www.ropewalk.co.uk

UK Data Protection and Digital Information Bill: in detail – OUT-LAW.com

‘New data protection laws proposed by the UK government are intended to promote data-driven innovation and reduce some of the burdens organisations have come to associate with the General Data Protection Regulation (GDPR).’

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OUT-LAW.com, 20th July 2022

Source: www.pinsentmasons.com

Public uncomfortable with tech firms’ use of court data – Legal Futures

‘Less than a fifth (18%) of the public are comfortable with the use of data from the courts by tech companies, a major study has found.’

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Legal Futures, 21st July 2022

Source: www.legalfutures.co.uk

Artificial intelligence rules to require human liability – Law Society’s Gazette

Posted July 19th, 2022 in artificial intelligence, bills, data protection, news by sally

‘Artificial intelligence systems will have to identify a legal person to be held responsible for any problems under proposals for regulating AI unveiled by the government today.’

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Law Society's Gazette, 18th July 2022

Source: www.lawgazette.co.uk

Data watchdog reprimands government over pandemic WhatsApp use – BBC News

‘The Department of Health has been reprimanded over ministers’ and officials’ use of messaging apps and private email during the pandemic.’

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BBC News, 11th July 2022

Source: www.bbc.co.uk

UK data watchdog to scale back fines for public bodies – The Guardian

Posted July 1st, 2022 in data protection, fines, news by tracey

‘The UK’s data watchdog is to scale back fines for public bodies after admitting that users of services often bear the brunt of the financial punishment. The Information Commissioner’s Office will continue to issue fines for the most serious cases of data breaches in the public sector, but otherwise it will lean on other powers within its remit such as warnings, reprimands and enforcement notices.’

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The Guardian, 30th June 2022

Source: www.theguardian.com

Upcoming Data Reform Bill “to give Parliament and Government greater oversight” of Information Commissioner’s Office – Local Government Lawyer

Posted June 22nd, 2022 in bills, data protection, government departments, news, ombudsmen, parliament by sally

‘The Government has set out plans to reform the Information Commissioner’s Office (ICO) that will give Parliament and the Secretary of State greater oversight of the data regulator and broaden the legal responsibility underpinning its work.’

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Local Government Lawyer, 21st June 2022

Source: www.localgovernmentlawyer.co.uk

UK data protection reforms announcement imminent – OUT-LAW.com

Posted June 15th, 2022 in bills, brexit, data protection, EC law, government departments, news by sally

‘The UK government has said it expects to outline its plans for reform to data protection law this month.’

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OUT-LAW.com, 14th June 2022

Source: www.pinsentmasons.com

ICO fines “World’s largest facial network” – Local Government Lawyer

‘The Information Commissioner’s Office has issued a Monetary Penalty Notice of £7,552,800 to Clearview AI Inc for breaches of the UK GDPR. Ibrahim Hasan looks at the background to the case.’

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Local Government Lawyer, 10th June 2022

Source: www.localgovernmentlawyer.co.uk