Facial Recognition Technology not “In Accordance with Law” – UK Human Rights Blog

‘The Court of Appeal, overturning a Divisional Court decision, has found the use of a facial recognition surveillance tool used by South Wales Police to be in breach of Article 8 of the European Convention on Human Rights (ECHR). The case was brought by Liberty on behalf of privacy and civil liberties campaigner Ed Bridges. The appeal was upheld on the basis that the interference with Article 8 of the ECHR, which guarantees a right to privacy and family life, was not “in accordance with law” due to an insufficient legal framework. However, the court found that, had it been in accordance with law, the interference caused by the use of facial recognition technology would not have been disproportionate to the goal of preventing crime. The court also found that Data Protection Impact Assessment (DPIA) was deficient, and that the South Wales Police (SWP), who operated the technology, had not fulfilled their Public Sector Equality Duty.’

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UK Human Rights Blog, 13th August 2020

Source: ukhumanrightsblog.com

Police’s Automated Facial Recognition Deployments Ruled Unlawful by the Court of Appeal – Doughty Street Chambers

‘R. (Bridges) v Chief Constable of South Wales [2020] EWCA Civ 1058 [2020] 8 WLUK 64 is thought to be the first case in the world to consider the use of facial recognition technology by law enforcement agencies. In this short article, we explore the judgment and its implications for the deployment of these and similar technologies in future.’

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Doughty Street Chambers, 12th August 2020

Source: insights.doughtystreet.co.uk

Let’s face it: use of automated facial recognition technology by the police – UK Police Law Blog

‘The case of R (Bridges) v Chief Constable of South Wales Police & Information Commissioner [2020] EWCA Civ 1058 (handed down on 11 August 2020) was an appeal from what is said to have been the first claim brought before a court anywhere on planet earth concerning the use by police of automated facial recognition (“AFR”) technology. There could be nothing wrong with posting scores of police officers with eidetic memories to look out for up to a 800 wanted persons at public gatherings. So why not use a powerful computer, capable of matching 50 faces a second with a database of (under) 800 suspects, to do this job much more cheaply and instantaneously, flagging any matches to a human operator for final assessment? According to the Court of Appeal in Bridges, this system constitutes an interference with Article 8 rights which is not such as is in accordance with the law, but which (critically) would be proportionate if a sufficiently narrow local policy were framed.’

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UK Police Law Blog, 11th August 2020

Source: ukpolicelawblog.com

South Wales police lose landmark facial recognition case – The Guardian

‘Campaigners are calling for South Wales police and other forces to stop using facial recognition technology after the court of appeal ruled that its use breached privacy rights and broke equalities law.’

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The Guardian, 11th August 2020

Source: www.theguardian.com

Is it an error of law to consider the requirements of s6 EQA in a sequential order? No, says the EAT in Khorochilova v Euro Rep Ltd UKEAT/0266/19/DA – 3PB

‘Following her summary dismissal for gross misconduct, the Claimant brought various claims against her former employer, including a claim of disability discrimination. A preliminary hearing was listed in July 2017 to determine whether she was disabled at the material time. The Claimant identified her disability as ‘Mixed Personality Disorder’, which she said, made her ‘somewhat obsessive’ and a bit of a ‘perfectionist’. She relied upon a report prepared by a Consultant Psychiatrist, Dr Schuff, which had been prepared at some point in 2010. Dr Schuff declined to diagnose the Claimant as having a multiple personality disorder but described her as suffering with ‘problematic personality traits’. There was no reference to mixed personality disorder within the Claimant’s GP records until after she was dismissed.’

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3PB, 3rd August 2020

Source: www.3pb.co.uk

My Data Went to the Caribbean. Jamaica? No, It Went of its Own Accord – Panopticon

Posted August 11th, 2020 in appeals, data protection, deportation, human rights, immigration, news by sally

‘You have to admire the ingenuity of lawyers. Who would have thought that the GDPR could be a tool to try and force the Home Office to allow a deported overstayer with a lengthy criminal record back into the UK to conduct an in-person appeal? Not the Court of Appeal for a start in Johnson v Secretary of State for the Home Department [2020] EWCA Civ 1032.’

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Panopticon, 11th August 2020

Source: panopticonblog.com

Court of Appeal refuses VW permission to appeal Dieselgate ruling – Litigation Futures

‘The Court of Appeal has refused Volkswagen permission to appeal the decision that it tried to cheat clean air regulations.’

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Litigation Futures, 7th August 2020

Source: www.litigationfutures.com

Can a Tribunal use the “but for” test to decide whether a claimant was treated unfavourably because of something arising in consequence of their disability? – 3PB

‘The answer remains, “No”, on the authority of this recent Court of Appeal decision, which has particular relevance for cases where a disabled Claimant complains that a failure to make adjustments for them, in a timely fashion, has caused them undue stress and suffering.’

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3PB, 3rd August 2020

Source: www.3pb.co.uk

Partner fired for ‘topping up’ fees overturns tribunal ruling – Legal Futures

‘The Employment Appeal Tribunal has overturned a ruling that a law firm was entitled to fire a partner who was accused of “topping up” legal aid fees with cash from a client’s father.’

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Legal Futures, 7th August 2020

Source: www.legalfutures.co.uk

Claimant ordered to pay defence costs after fundamental dishonesty finding – Law Society’s Gazette

‘The High Court has reversed a costs order on appeal after a successful defendant had initially been forced to pay most of the losing claimant’s costs.’

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Law Society's Gazette, 1st August 2020

Source: www.lawgazette.co.uk

SRA imposes ban on trainee solicitor jailed for rape – Legal Futures

‘A one-time trainee solicitor who violently raped one woman and attempted to rape another has been banned from the profession.’

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Legal Futures, 5th August 2020

Source: www.legalfutures.co.uk

Another recusal refusal – but this time the Court of Appeal steps in – Transparency Project

‘In the second such case in a month, a judge has refused to recuse herself at the request of a litigant, but on this occasion the Court of Appeal has reversed that decision and ordered that she step down from the case and let another judge take over.’

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Transparency Project, 3rd August 2020

Source: www.transparencyproject.org.uk

Council wins appeal over order discharging interim care orders – Local Government Lawyer

Posted August 4th, 2020 in appeals, care orders, children, local government, news by sally

‘Herefordshire Council has won an appeal from an order discharging interim care orders in relation to girls aged nine and seven.’

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Local Government Lawyer, 3rd August 2020

Source: www.localgovernmentlawyer.co.uk

CA reinstates £2.6m that languished in RTA portal for four years – Litigation Futures

‘The Court of Appeal has overturned a decision to strike out a £2.6m personal injury claim which remained in the RTA portal for almost four years before the claimant’s solicitors sought to transfer it to the multi-track.’

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Litigation Futures, 4th August 2020

Source: www.litigationfutures.com

Former police chief convicted over child abuse video granted court of appeal hearing – The Guardian

‘A decorated former police chief has won two key battles in her fight to overturn her conviction for possessing a child abuse video and get her job back, the Guardian has learned.’

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The Guardian, 2nd August 2020

Source: www.theguardian.com

Vos named as next Master of the Rolls – Litigation Futures

Posted August 3rd, 2020 in appeals, judges, news by sally

‘Sir Geoffrey Vos will take over as Master of the Rolls next year, it was announced on Friday, with a new Senior President of Tribunals and eight new Court of Appeal judges also named.’

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Litigation Futures, 3rd August 2020

Source: www.litigationfutures.com

Shamima Begum: Bid to return in citizenship fight goes to Supreme Court – BBC News

‘The case of runaway Shamima Begum, who is fighting to return to the UK from Syria, will go to the Supreme Court.’

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BBC News, 31st July 2020

Source: www.bbc.co.uk

Chris Packham loses appeal against HS2 rail project – The Guardian

‘The broadcaster Chris Packham has lost his case against HS2 in the court of appeal.’

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The Guardian, 31st July 2020

Source: www.theguardian.com

Rees v Windsor- Clive Rees v Windsor-Clive (as Trustees of the St Fagan’s No 1 and No 2 Trusts) [2020] EWCA Civ 816 – Tanfield Chambers

‘The question whether a right of entry clause permitted a landlord to undertake activities in order to comply with planning conditions was a matter of fact and degree.’

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Tanfield Chambers, 17th July 2020

Source: www.tanfieldchambers.co.uk

Religious fostering service given permission on one ground to appeal rejection of judicial review challenge over Ofsted report – Local Government Lawyer

‘A High Court judge has given a Christian fostering service permission to appeal on one ground following his dismissal earlier this month of its judicial review challenge to a report by Ofsted.’

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Local Government Lawyer, 29th July 2020

Source: www.localgovernmentlawyer.co.uk