Bank fined £75,000 over unsolicited marketing – OUT-LAW.com

Posted October 12th, 2017 in advertising, banking, consent, fines, news by sally

‘A UK bank has been fined £75,000 by the information commissioner after failing to ensure that recipients of millions of its marketing messages had consented to receiving those communications.’

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OUT-LAW.com, 12th October 2017

Source: www.out-law.com

UK proposals for child data consent could be illegal, says peer – OUT-LAW.com

Posted October 12th, 2017 in bills, children, consent, data protection, internet, news by sally

‘Plans to make 13 the age at which children in the UK can consent to the processing of their data on social media websites and other online platforms “would almost certainly be illegal”, a UK peer has said.’

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OUT-LAW.com, 12th October 2017

Source: www.out-law.com

Let’s be clear: “Right to die” and “Withdrawal of treatment” are not the same – Transparency Project

Posted September 28th, 2017 in assisted suicide, consent, euthanasia, human rights, medical treatment, news by sally

‘The recent judgment of Mr Justice Peter Jackson that doctors and relatives do not always need to consult the court before withdrawing medical treatment from a terminally ill patient has been reported under headlines labelling it a “right to die” case. This is wrong and risks conflating two quite different situations in the lay reader’s mind.’

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Transparency Project, 24th September 2017

Source: www.transparencyproject.org.uk

Trainee accountant cleared of sex assault after teenager posted online: ‘I was only raped – chill the f*** out’ – Daily Telegraph

Posted September 28th, 2017 in consent, news, rape, sexual offences by sally

‘A trainee accountant accused of raping a student during a night out has been cleared after it emerged she sent Facebook messages to friends saying: “I was only raped – chill the f*** out.”‘

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Daily Telegraph, 27th September 2017

Source: www.telegraph.co.uk

Lack of compensation for child sexual abuse victims ‘unacceptable’ – The Guardian

Posted September 20th, 2017 in child abuse, compensation, consent, news, sexual offences by sally

‘The children’s commissioner for England has condemned draft government rules that mean children as young as 12 could miss out on compensation because they “consented” to their own sexual abuse.’

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The Guardian, 19th September 2017

Source: www.theguardian.com

General Data Protection Regulation (GDPR) Series, Part 3 – GDPR consent and fair processing – Technology Law Update

Posted September 20th, 2017 in consent, data protection, EC law, news, regulations by sally

‘Every data processing activity requires a lawful basis. Such lawful basis may be provided directly by law, or by consent granted by the data subject, both according to the statutory requirements set out in the Directive 95/46/EC and, importantly, national data protection laws. This general principle remains unchanged under the GDPR, however, the new Regulation provides for new or additional requirements for such consent to be a lawful basis for processing and transfer of personal data.’

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Technology Law Update, 14th September 2017

Source: www.technology-law-blog.co.uk

FCA moves to clarify scope of regulation of account information services under PSD2 – OUT-LAW.com

‘Service providers that help other businesses to pool information from different payment accounts on behalf of customers will not be subject to regulation under new UK payment services laws if they do not deliver the aggregated data to the customer themselves, the Financial Conduct Authority (FCA) has confirmed.’

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OUT-LAW.com, 19th September 2017

Source: www.out-law.com

The Data Protection Bill: some initial observations – Panopticon

Posted September 18th, 2017 in bills, consent, data protection, EC law, internet, legal language, news, penalties by tracey

‘Parliament on Thursday 14 September. But to digest it in full, one needs time, commitment, and coffee. It is not a straightforward read. It seeks to implement the GDPR in full and in Brexit-proof fashion, to plug the gaps that the GDPR requires member states to fill, and also to apply a GDPR-like regime to areas of data processing that are not covered by the GDPR itself. The Bill is of course liable to change in the coming months, but here are some observations and highlights in the meantime.’

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Panopitcon, 18th September 2017

Source: panopticonblog.com

Revised UK child sexual ‘consent’ rules provoke backlash – The Guardian

Posted September 15th, 2017 in child abuse, compensation, consent, news, sexual offences by tracey

‘Sexually abused children as young as 12 could still be refused compensation by a government body on the grounds that they “consented,” under revised rules seen by the Guardian.’

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The Guardian, 14th September 2017

Source: www.theguardian.com

Abused children ‘refused compensation’ over consent – BBC News

Posted September 11th, 2017 in child abuse, compensation, consent, freedom of information, news, sexual grooming, victims by tracey

‘A woman sexually abused as a child by a grooming gang leader was told by a government body she “consented” to it. Sammy Woodhouse was initially denied compensation by the Criminal Injuries Compensation Authority (CICA) which said she was not “manipulated”. A Freedom of Information request revealed she is one of nearly 700 child victims of sexual abuse, including grooming, to be refused payments.’

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BBC News, 11th September 2017

Source: www.bbc.co.uk

Speech by Judge Mark Hinchliffe – Compulsory mental health treatment: When should judges get involved? – Courts and Tribunals Judiciary

Posted August 31st, 2017 in consent, judges, mental health, speeches, tribunals by tracey

‘Speech by Judge Mark Hinchliffe – Compulsory mental health treatment: When should judges get involved?.’

Full speech

Courts and Tribunals Judiciary, 29th August 2017

Source: www.judiciary.gov.uk

Mental health patients should have more rights to refuse treatment, senior judge suggests – Daily Telegraph

Posted August 30th, 2017 in consent, judges, medical treatment, mental health, news by sally

‘Mentally ill people should have more power to decide whether or not they want to receive treatment, one of Britain’s most senior judges has said.’

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Daily Telegraph, 29th August 2017

Source: www.telegraph.co.uk

Court approves £10k settlement over delays in providing sex education – Local Government Lawyer

‘The Court of Protection has approved a £10,000 damages settlement plus costs to a man with Down’s Syndrome and an associated learning difficulty over delays in the provision of sex education.’

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Local Government Lawyer, 22nd August 2017

Source: www.localgovernmentlawyer.co.uk

Rights without Recourse? – Richard Paige discusses – Park Square Barristers

Posted August 22nd, 2017 in appeals, consent, medical treatment, news by sally

‘In the case of Shaw v Kovac & others [2017] EWCA Civ 1028 the Court of Appeal considered the question of whether a claimant could recover damages for “infringement of the [claimant’s] right of autonomy” as a free-standing head of loss, when they had been treated in the absence of informed consent.’

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Park Square Barristers, 24th July 2017

Source: www.parksquarebarristers.co.uk

Surgeon had no consent for boy’s genital op – BBC News

Posted August 10th, 2017 in children, consent, doctors, medical treatment, news by tracey

‘A decorated military surgeon operated on a 12-year-old boy’s genitals without the consent of his parents.’

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BBC News, 10th August 2017

Source: www.bbc.co.uk

Charlie Gard: the wider implications – Law & Religion UK

Posted July 28th, 2017 in children, consent, hospitals, medical treatment, news, parental rights by tracey

‘Whilst L&RUK has been following the recent Charlie Gard case, we have not reported on the developments; the issues are beyond our remit and the medical aspects are outside our expertise. Nevertheless, the circumstances surrounding the case have raised a number of wider, more general issues, and these are considered in the following discussion.’

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Law & Religion UK, 28th July 2017

Source: www.lawandreligionuk.com

The end of a chapter – UK Human Rights Blog

Posted July 26th, 2017 in children, consent, hospitals, medical treatment, news, parental rights by sally

‘“A lot of things have been said, particularly in recent days, by those who know almost nothing about this case but who feel entitled to express opinions. Many opinions have been expressed based on feelings rather than facts.”

So said Francis J, when dealing with an unusual application by Great Ormond Street Hospital (Gosh) asking for an order, rather than a declaration, that Charlie Gard should be allowed to slip away quietly. The involvement of the White House, the Vatican, the Bambino Gesu Children’s Hospital in Rome and Dr. Hirano and the associated medical centre in the USA in this story demonstrates the fact that a mere declaration carries too much ambiguity to allow the hospital staff to do what the courts have approved.’

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UK Human Rights Blog, 25th July 2017

Source: ukhumanrightsblog.com

Judge who heard Charlie Gard case urges greater use of mediation – Local Government Lawyer

‘Mediation should be tried in all cases such as the recent dispute between Great Ormond Street Hospital and the parents of Charlie Gard, the High Court judge who heard the case has said.’

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Local Government Lawyer,25th July 2017

Source: www.localgovernmentlawyer.co.uk

Charlie Gard: judge to decide on parent’s ‘last wish’ that son can die at home – The Guardian

Posted July 26th, 2017 in children, consent, hospitals, news, parental rights by sally

‘A judge will decide on Wednesday whether to grant the “last wish” of Charlie Gard’s parents and allow their son to go home to die.’

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The Guardian, 26th July 2017

Source: www.theguardian.com

Businessman sues Harley Street Clinic for £1m after ex-girlfriend forged his signature to get IVF, court hears – Daily Telegraph

Posted July 21st, 2017 in assisted reproduction, consent, contracts, forgery, news by tracey

‘A wealthy businessman is suing a Harley Street fertility clinic for £1 million after his ex-girlfriend “forged” his signature to be able to “secretly” conceive his baby daughter by IVF, a high court heard yesterday.’

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Daily Telegraph, 20th July 2017

Source: www.telegraph.co.uk