Mini-pupils in chambers: legal and ethical issues – The Bar Council
‘The Bar Council’s Professional Practice Committee (PPC) has published a new document covering mini-pupils.’
The Bar Council, 26th June 2014
Source: www.barcouncil.org.uk
Category: privacy
Britain’s intelligence agencies are told to make privacy invasion assessment – The Guardian
‘Britain’s security and intelligence agencies should consider how far they are invading people’s privacy when they seek permission for intrusive surveillance, their government-appointed watchdog has recommended.’
The Guardian, 26th June 2014
Source: www.guardian.co.uk
UK Supreme Court: forcing disclosure of minor or spent convictions not “necessary or proportionate” – OUT-LAW.com
‘Requiring applicants for those jobs which require enhanced criminal record checks to disclose all spent convictions no matter how historic or minor is an unnecessary and disproportionate interference with their human rights, the UK’s Supreme Court has ruled.’
OUT-LAW.com, 25th June 2014
Source: www.out-law.com
Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and others intervening); Regina (B) v Secretary of State for the Home Department and another (Same intervening) – WLR Daily
‘The provisions in Part V of the Police Act for the automatic release of a person’s convictions, cautions and warnings— regardless of their relevance or the length of time that had elapsed— when that person was required, by reason of articles 3 or 4 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, to obtain and disclose an enhanced criminal record certificate for the purpose of obtaining employment or some other position which involved working with children or other vulnerable groups of persons, did not meet the requirement of legality for the purposes of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and so was incompatible with the person’s right to respect for their private life guaranteed by that article. Moreover, the provisions contravened article 8 in that they were not “necessary in a democratic society”, as required by article 8.2.’
WLR Daily, 18th June 2014
Source: www.iclr.co.uk
Tribunal upholds decision to overturn ICO fine for unsolicited marketing activities – OUT-LAW.com
‘The Information Commissioner’s Office (ICO) has lost its appeal against a decision to overturn a £300,000 monetary penalty it served on an individual for his part in what the watchdog claimed was a serious breach of UK privacy laws.’
OUT-LAW.com, 23rd June 2014
Source: www.out-law.com
High Court: provision of reference containing details of uncompleted disciplinary action was “unfair” use of personal data – OUT-LAW.com
‘Whether it is “fair” to share an individual’s personal data for lawful public policy reasons requires a careful balancing of the interests of that individual and the interests of others, including the public interests, the High Court in England has said.’
OUT-LAW.com, 23rd June 2014
Source: www.out-law.com
Criminal records scheme incompatible with Convention rights – Supreme Court judgment – Panopticon
‘As readers of this blog will know, the application of the Government’s criminal records scheme has been subject to extensive litigation of late (see further not least my post on an appeal involving a teacher and my post on an appeal involving a taxi-driver). Perhaps most importantly, in the case of T & Anor v Secretary of State for the Home Department, questions have been raised about whether the scheme as a whole is compatible with Convention rights and, in particular, the Article 8 right to privacy. Last year, the Court of Appeal concluded that the scheme was incompatible. In a judgment given yesterday, the majority of the Supreme Court has agreed with that conclusion (Lord Wilson dissenting).’
Panopticon, 19th June 2014
Source: www.panopticonblog.com
Government’s defence of surveillance unconvincing, says ex-watchdog – The Guardian
‘The government’s arguments for justifying the mass monitoring of the internet are “unconvincing” and based on exploiting “loopholes” in legislation, the former chief surveillance inspector has said.
The Guardian, 18th June 2014
Source: www.guardian.co.uk
R (on the application of T and another) (Respondents) v Secretary of State for the Home Department and another (Appellants) – Supreme Court
Supreme Court, 18th June 2014
Do Not Resuscitate notices: Patients’ rights under Article 8 – UK Human Rights Blog
‘The Court of Appeal has declared that the failure of a hospital to consult a patient in their decision to insert a Do Not Attempt Cardiopulmonary Resuscitation Notice in her notes was unlawful and in breach of her right to have her physical integrity and autonomy protected under Article 8.’
UK Human Rights Blog, 17th June 2014
Source: www.ukhumanrightsblog.com
Criminal records: Supreme Court to rule whether job applicants have to come clean over convictions – The Independent
‘The Supreme Court is today due to rule whether job applicants should be forced to disclose all convictions to certain potential employers.’
The Independent, 18th June 2014
Source: www.independent.co.uk
Mass surveillance of social media is permitted by law, says top UK official – The Guardian
‘Mass surveillance of social media, such as Facebook, Twitter and YouTube, and even Google searches, is permissible because these are “external communications”, according to the government’s most senior security official.’
The Guardian, 17th June 2014
Source: www.guardian.co.uk
Nominet’s new rules on .uk domains could mean the end to users’ privacy – The Guardian
‘Since Tuesday, running a personal website has become a privacy minefield for people using .uk domain names. A recent rule change by Nominet, the company which manages the .uk registry, means that domain name owners whose home addresses were previously kept private may now be publicly visible in online searches. People setting up domain names through Nominet must now also show their full legal personal or business name on the public registration database.’
The Guardian, 11th June 2014
Source: www.guardian.co.uk
Failing to Make Crime Pay – BBC Law in Action
‘The government wants to do more to recover criminal assets. Joshua Rozenberg asks why – till now, at least – it has proved so difficult to deprive villains of their loot.’
BBC Law in Action, 3rd June 2014
Source: www.bbc.co.uk
How to get Google to remove outdated links to your personal data – RPC Privacy Law
‘Google has today announced how it intends to deal with the European Court’s judgment in the Google Spain case. In today’s Financial Times Google’s CEO, Larry Page, has confirmed that Google will take steps to recognise individuals’ “right to be forgotten” in appropriate cases. It will do so by introducing an online mechanism for users to request the removal from search results of links to data that are outdated.’
RPC Privacy Law, 30th May 2014
Source: www.rpc.co.uk
Publisher not forced to delete archived article on man’s spent conviction – OUT-LAW.com
‘Newspaper publisher Newsquest does not have to remove an old article from its online archive which reports on the conviction of a man for fraud, the Information Commissioner’s Office (ICO) has ruled.’
OUT-LAW.com, 21st May 2014
Source: www.out-law.com
Ex-ballerina forces ‘landmark’ ruling in social care, charity says – Daily Telegraph
‘A disabled former ballerina who has been locked in a six-year legal battle with her local council over night-time care has forced a “landmark” ruling which could make social workers consider the “dignity” of the elderly when assessing care provisions, age campaigners have said.’
Daily Telegraph, 20th May 2014
Source: www.telegraph.co.uk
Legal complaint filed against GCHQ ‘hacking’ – BBC News
‘Privacy campaigners are seeking to stop GCHQ using “unlawful hacking” to help its surveillance efforts.’
Full story
BBC News, 13th May 2014
Source: www.bbc.co.uk
Google ruling, Pfizer boss grilled and World Cup ‘Rio-bocops’ – BBC News
‘There are mixed reactions in the press to a ruling by European judges over what has been dubbed the “right to be forgotten” on the internet.’
BBC News, 14th May 2014
Source: www.bbc.co.uk
Sex offender brings legal challenge over electronic tag – Daily Telegraph
‘Paul Richards, a 47-year-old convicted sex offender, wins permission for new hearing in bid to have satellite tracking device removed.’
Daily Telegraph, 12th May 2014
Source: www.telegraph.co.uk
