Personal data and politicians’ names – Panopticon

‘Can the name of a local councillor who has defaulted on Council tax properly be withheld from disclosure under the exemption for personal data in s.40 FOIA? That was the issue for the Upper Tribunal (“UT”) in Haslam v (1) Information Commissioner (2) Bolton Council [2016] UKUT 0139 (AAC), 10 March 2016. Mr Haslam, a journalist on the Bolton News, had submitted a FOIA request to Bolton Council for disclosure of names of councillors who had received reminders for non-payment of Council tax since May 2011. The Council refused to name names, citing the exemption in s.40 FOIA. The Information Commissioner and First-Tier Tribunal (“FTT”) upheld the Council’s decision. The UT (Judge Markus QC) has now reversed the FTT’s decision, and held that the name of the individual councillor concerned should be released.’

Full story

Panopticon, 18th March 2016

Source: www.panopticonblog.com

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High Court rejects Clifford’s attempt to slash costs through “inadequate” Calderbank offer – Litigation Futures

Posted March 21st, 2016 in costs, damages, news, part 36 offers, privacy, proportionality, striking out by tracey

‘The High Court has rejected jailed publicist Max Clifford’s attempt to limit his costs to only £5,000 in a privacy claim by making an “inadequate” Calderbank offer.’

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Litigation Futures, 21st March 2016

Source: www.litigationfutures.com

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Nuisance calls by ‘ambulance chasers’ soar despite attempts at crackdown – Daily Telegraph

‘One in five people receives an unsolicited, nuisance call every day in a practice fuelled by “ambulance-chasing lawyers,” a report has warned. The compensation culture, which is driven by claims management companies, has soared, despite government attempts to crack down on the practice.’

Full story

Daily Telegraph, 21st March 2016

Source: www.telegraph.co.uk

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Investigatory Powers Bill: May defends surveillance powers – BBC News

‘Home Secretary Theresa May has defended controversial new surveillance powers as MPs debated them for the first time.’

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BBC News, 15th March 2016

Source: www.bbc.co.uk

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We need to get this investigatory powers bill right – it’s not fit for purpose now – The Guardian

Posted March 15th, 2016 in bills, intelligence services, internet, investigatory powers, news, privacy by sally

‘The second reading of the bill today is an opportunity for Labour to challenge the government on substance and process – and fight for a law fit for the 21st century.’

Full story

The Guardian, 15th March 2016

Source: www.guardian.co.uk

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The snooper’s charter is flying through parliament. Don’t think it’s irrelevant to you – The Guardian

‘While the Apple v FBI row makes world headlines, people in the UK are disregarding a bill that permits hacking and gagging.’

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The Guardian, 14th March 2016

Source: www.guardian.co.uk

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Information watchdog slaps MP with £5k penalty over nuisance calling Local Government Lawyer

Posted March 11th, 2016 in elections, fines, news, privacy, telecommunications by tracey

‘A London MP, David Lammy, has been hit with a £5,000 monetary penalty by the Information Commissioner’s Office after he instigated the making of 35,629 calls over two days.’

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Local Government Lawyer, 10th March 2016

Source: www.localgovernmentlawyer.co.uk

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UK spying laws: Government introduces law requiring WhatsApp and iMessage to break their own security – The Independent

‘The draft Investigatory Powers Bill, or Snoopers’ Charter, keeps a provision that weakening of security will only happen in cases where it is ‘practicable’, but that could still allow the Government to outlaw many of the most popular chat services as they currently exist.’

Full story

The Independent, 1st March 2016

Source: www.independent.co.uk

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Home Office to publish revised draft of snooper’s charter – The Guardian

‘The home secretary, Theresa May, has revised some elements of her controversial “snooper’s charter” legislation in an attempt to address criticism by MPs and peers of the surveillance powers it confers.’

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The Guardian, 1st March 2016

Source: www.guardian.co.uk

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More on media reporting of private court proceedings – Panopticon

‘The law on media reporting of private proceedings continues to develop with the decision of the Court of Appeal in Re W [2016] EWCA Civ 113. The decision arises out of the care proceedings that followed the death of 13-month old Poppi Worthington which attracted very high levels of public interest and media coverage.’

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Panopticon, 26th February 2016

Source: www.panopticonblog.com

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Paul Burrell wins £5k damages from Max Clifford – The Guardian

Posted February 22nd, 2016 in confidentiality, damages, media, news, privacy by sally

‘Former royal butler Paul Burrell has won a high court privacy action against PR agent Max Clifford.’

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The Guardian, 19th February 2016

Source: www.guardian.co.uk

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Celebrities, the Media and the Personal Data Privacy Wars – Gresham College

Posted February 18th, 2016 in damages, data protection, EC law, legislation, media, news, privacy by sally

‘The Data Protection Act 1998 (DPA) should properly have been called the Data Privacy Act: it is about privacy of personal data and not merely its security. Recent cases – if successful for the claimants – will change the litigation landscape for everyone.’

Transcript

Gresham College, 27th January 2016

Source: www.gresham.ac.uk

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GCHQ hacking does not breach human rights, security tribunal rules – The Guardian

‘Hacking of computers, networks and smartphones in the UK or abroad by GCHQ staff does not breach human rights, a security tribunal has ruled.’

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The Guardian, 12th February 2016

Source: www.guardian.co.uk

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Tribunal rules computer hacking by GCHQ is not illegal – BBC News

‘GCHQ is operating within the law when it hacks into computers and smart phones, a security tribunal has ruled.’

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BBC News, 12th February 2016

Source: www.bbc.co.uk

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Ministers have not made ‘conclusive case’ for new web snooping powers – The Guardian

‘The home secretary has yet to make a conclusive case for giving spying agencies new snooping powers to track the web browsing histories of all British citizens, a key committee of peers and MPs has concluded.’

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The Guardian, 11th February 2016

Source: www.guardian.co.uk

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Internet monitoring bill ‘must do more to protect privacy’ – BBC News

‘Plans to authorise mass data collection and hacking by Britain’s spies do not do enough to protect privacy, a watchdog has warned.’

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BBC News, 9th February 2016

Source: www.bbc.co.uk

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MPs to use Human Rights Act to claim anonymity if arrested by police – Daily Telegraph

Posted February 8th, 2016 in anonymity, disclosure, human rights, inquiries, media, news, parliament, police, privacy by tracey

‘MPs will use human rights laws this week to prevent politicians being named the House of Commons after their arrest.’

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Daily Telegraph, 7th February 2016

Source: www.telegraph.co.uk

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Pervert teaching assistant Martyn Minter takes case to European Court of Human Rights – Daily Telegraph

‘The sports coach – jailed for 18 months after filming young boys in changing rooms – launches human rights case over sex offender register ruling.’

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Daily Telegraph, 23rd January 2016

Source: www.telegraph.co.uk

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Gordon-Saker: Newspaper’s rights not breached by success fees and ATE recovery – Litigation Futures

‘A newspaper’s right to free expression under article 10 of the European Convention was not breached by being ordered to pay success fees and after-the-event (ATE) insurance premiums, Master Gordon-Saker has ruled.’

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Litigation Futures, 19th January 2016

Source: www.litigationfutures.com

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Legal Professional Privilege for Prisoners – The Bar Council

‘Justice Minister Andrew Selous MP has explained the authorisation process for listening in to communications between lawyers and clients in prisons. The parliamentary written answer, published yesterday, suggests that the prison service effectively self-authorises breaches of legal professional privilege (LPP).’

Full press release

The Bar Council, 13th January 2016

Source: www.barcouncil.org.uk

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