Sex consent could still lead to rape charge, judges say – BBC News
“A woman who agreed to sex might still be the victim of rape, the High Court has ruled.”
BBC News, 24th April 2013
Source: www.bbc.co.uk
Category: consent
What’s Wrong with Money Laundering? – No. 5 Chambers
Posted April 17th, 2013 in consent, money laundering, news, proceeds of crime, statutory interpretation by sally
“Quite a lot, actually. This note considers, two recent High Court (QBD) decisions: Shah v HSBC [2012] EWHC 1283 (Supperstone J.) that clarifies the effect of making a ‘consent’ SAR – to the advantage and benefit of banks and solicitors but disadvantage of their customers and clients; and Dare v CPS [2012] EWHC 2074 (Bean J.) that provides an explanation of what it means to ‘facilitate’ a transaction under PoCA s. 328. In addition there is an afterword about the continuing problem of legal privilege that remains a little discussed, but unresolved, problem for solicitors.”
No. 5 Chambers, 4th February 2013
Source: www.no5.com
Individuals’ consent ‘almost always’ required by firms when using personal data in big data projects centred on profiling, says watchdog – OUT-LAW.com
“Organisations ‘almost always’ require individuals’ ‘free, specific, informed and unambiguous ‘opt-in’ consent’ in order to make use of personal data they have previously collected in ‘big data’ projects that involve analysing or predicting the ‘personal preferences, behaviour and attitudes of individual customers’, an EU privacy watchdog has said.”
OUT-LAW.com, 9th April 2013
Source: www.out-law.com
Fine tuning medical diagnoses to rare genetic disorders – UK Human Rights Blog
Posted March 11th, 2013 in consent, DNA, genetic testing, medical treatment, negligence, news by sally
“There is no doubt that medical diagnosis and therapy are struggling to keep pace with the genetic information pouring out of the laboratories and sequencing centres. And the issue of medical liability is being stretched on the rack between conventional treatment and the potential for personalised therapy. Treatment of disease often turns out to be different, depending on which gene mutation has triggered the disorder. However fine tuned the diagnosis, it may turn out to be profoundly wrong in the light of subsequent discoveries.”
UK Human Rights Blog, 9th March 2013
Source: www.ukhumanrightsblog.com
Sensitivity of personal data should be determined by processing purpose and context not through categorisation, says ICO – OUT-LAW.com
“The sensitivity of personal information should be determined by the reasons behind why the information is to be processed, the UK’s data protection watchdog has said.”
OUT-LAW.com, 14th February 2013
Source: www.out-law.com
Regina v B (M) – WLR Daily
Regina v B (M) [2013] EWCA Crim 3; [2013] WLR (D) 43
“Under the rule in section 1 of the Sexual Offences Act 2003, unless the defendant’s state of mind amounted to insanity in law, beliefs in consent arising from conditions such as delusional psychotic illness or personality disorders had to be judged by objective standards of reasonableness and not by taking into account a mental disorder which induced a belief which could not reasonably arise without it.”
WLR Daily, 31st February 2013
Source: www.iclr.co.uk
ASA begins oversight of new online behavioural advertising rules – OUT-LAW.com
Posted February 6th, 2013 in advertising, codes of practice, complaints, consent, internet, news, ombudsmen by sally
“New UK rules governing the use of online behavioural advertising (OBA) have come into effect.”
OUT-LAW.com, 5th February 2013
Source: www.out-law.com
ICO to change cookie policy to recognise implied consent – OUT-LAW.com
“The UK’s privacy watchdog will no longer require individuals’ explicit consent in order to serve them with ‘cookies’ when they visit its website.”
OUT-LAW.com, 28th January 2013
Source: www.out-law.com
Secret papers show extent of senior royals’ veto over bills – The Guardian
Posted January 15th, 2013 in bills, consent, constitutional law, disclosure, documents, freedom of information, news, royal family, veto by sally
“The extent of the Queen and Prince Charles’s secretive power of veto over new laws has been exposed after Downing Street lost its battle to keep information about its application secret.”
The Guardian, 14th January 2013
Source: www.guardian.co.uk
Woman with learning difficulties can decide own pregnancy fate, court rules – The Guardian
Posted January 10th, 2013 in abortion, consent, Court of Protection, disabled persons, learning difficulties, mental health, news by sally
“A young woman with learning difficulties who faced the prospect of a court deciding if her pregnancy should be terminated has the capacity to decide herself, the high court has ruled.”
The Guardian, 10th January 2013
Source: www.guardian.co.uk
Doctors seek court order to carry out abortion on mentally disabled woman – Daily Telegraph
Posted January 8th, 2013 in abortion, consent, Court of Protection, disabled persons, learning difficulties, mental health, news by sally
“Doctors are applying for a court order to allow them to carry out an abortion on a mentally disabled woman without her consent.”
Daily Telegraph, 7th January 2013
Source: www.telegraph.co.uk
Advance Decisions: getting it right? – Thirty Nine Essex Street
“The provisions relating to the existence, validity and applicability of advance decisions, and especially those relating to life-sustaining treatment, are some of the most important in the Mental Capacity Act 2005 (‘MCA 2005’). The penalties for failing to comply with the procedural requirements can result in the overriding by the Court of what may appear to be clear and strongly-held views expressed by P before the onset of incapacity.”
Full story (PDF)
Thirty Nine Essex Street, December 2012
Source: www.39essex.com
Addenbrooke’s resuscitation policy row goes to court – The Guardian
“The husband of a woman who died in Addenbrooke’s hospital, Cambridge, has claimed doctors ‘badgered’ her about agreeing to a ‘do not resuscitate’ order. David Tracey alleges two DNR notices were added to his wife Janet’s medical records without her knowledge or consent.”
The Guardian, 5th November 2012
Source: www.guardian.co.uk
New Act overturns decriminalised convictions – Home Office
“From today (1 October) anyone with a historic conviction for certain decriminalised consensual sex offences can apply to have these records deleted.”
Home Office, 1st October 2012
Source: www.homeoffice.gov.uk
DPP refuses to consent to private prosecution of Babar Ahmad and Syed Ahsan for terrorism offences – Crown Prosecution Service
Posted October 2nd, 2012 in consent, Crown Prosecution Service, news, private prosecutions, terrorism by sally
“Statement from Keir Starmer QC, the Director of Public Prosecutions:
‘On 7 September 2012, I received a request from those representing Mr Karl Watkin for my consent for him to bring a private prosecution against Babar Ahmad and Syed Ahsan for a number of offences under the Terrorism Act 2000. I also received copies of the documents upon which Mr Watkin proposes to rely in support of that prosecution.'”
Crown Prosecution Service, 1st October 2012
Source: http://blog.cps.gov.uk
Kate photos row shows just how difficult it is to enforce a privacy law – The Guardian
“As Britain’s tabloids close ranks in condemning the publication of pictures of a sunbathing Duchess of Cambridge, it is tempting to conclude that a fear of Leveson lies behind the outbreak of criticism. But in truth anybody who has followed the history of celebrity holiday pictures will know the tabloids are far more cautious than they used to be, after a series of PR disasters and adverse legal rulings have forced privacy issues up the agenda.”
The Guardian, 17th September 2012
Source: www.guardian.co.uk
ICO’s ‘pragmatic’ view of outsourcing rules on sensitive personal data processing may be without legal basis, claim experts – OUT-LAW.com
“The view of the Information Commissioner’s Office (ICO) that businesses do not require individuals’ ‘explicit consent’ in order to contract others to process their sensitive personal data is in contrast with the wording of data protection law, according to two experts.”
OUT-LAW.com, 14th September 2012
Source: www.out-law.com
The Assange case: defining rape and consent – Halsbury’s Law Exchange
“Last week the heat of the rape debate reached boiling point when, here in the UK, MP George Galloway made a video cast commenting on sexual allegations made against Julian Assange.”
Halsbury’s Law Exchange, 30th August 2012
Source: www.halsburyslawexchange.co.uk
Assange case: How is rape defined? – BBC News
“George Galloway sparked outrage with his comments on the Julian Assange sexual assault allegations, but does the definition of rape vary significantly from country to country?”
BBC News, 22nd August 2012
Source: www.bbc.co.uk
Ched Evans rape case: first appeal lost against conviction – BBC News
“The Wales and ex-Sheffield United footballer Ched Evans has lost the first stage of his appeal against his conviction for rape.”
BBC News, 21st August 2012
Source: www.bbc.co.uk
