Quantifying Damages for Psychiatric Injury and Distress Caused by Data Breaches – Ropewalk Chambers

Posted August 16th, 2022 in damages, data protection, news, psychiatric damage by sally

‘Both s. 13 of the Data Protection Act 1998 (“DPA 98”) and Art. 82 of the General Data Protection Regulation (“GDPR”) provide an individual with a right to compensation where she suffers material or non-material damage (including distress) – see Google Inc v Vidal-Hall [2015] EWCA Civ 311 and s. 168 of the Data Protection Act 2018 (“DPA 18”) as a result of infringements of the data protection principles contained in the respective legislative schemes. The DPA 98 applies to data breaches occurring before 23 May 2018 whilst the GDPR, as supplemented by DPA 18, applies to breaches occurring on or after that date. After the end of the post-Brexit implementation period on 31 January 2020 the UK GDPR applies.’

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Ropewalk Chambers, 26th July 2022

Source: www.ropewalk.co.uk

UK Data Protection and Digital Information Bill: in detail – OUT-LAW.com

‘New data protection laws proposed by the UK government are intended to promote data-driven innovation and reduce some of the burdens organisations have come to associate with the General Data Protection Regulation (GDPR).’

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OUT-LAW.com, 20th July 2022

Source: www.pinsentmasons.com

Public uncomfortable with tech firms’ use of court data – Legal Futures

‘Less than a fifth (18%) of the public are comfortable with the use of data from the courts by tech companies, a major study has found.’

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Legal Futures, 21st July 2022

Source: www.legalfutures.co.uk

Artificial intelligence rules to require human liability – Law Society’s Gazette

Posted July 19th, 2022 in artificial intelligence, bills, data protection, news by sally

‘Artificial intelligence systems will have to identify a legal person to be held responsible for any problems under proposals for regulating AI unveiled by the government today.’

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Law Society's Gazette, 18th July 2022

Source: www.lawgazette.co.uk

Data watchdog reprimands government over pandemic WhatsApp use – BBC News

‘The Department of Health has been reprimanded over ministers’ and officials’ use of messaging apps and private email during the pandemic.’

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BBC News, 11th July 2022

Source: www.bbc.co.uk

UK data watchdog to scale back fines for public bodies – The Guardian

Posted July 1st, 2022 in data protection, fines, news by tracey

‘The UK’s data watchdog is to scale back fines for public bodies after admitting that users of services often bear the brunt of the financial punishment. The Information Commissioner’s Office will continue to issue fines for the most serious cases of data breaches in the public sector, but otherwise it will lean on other powers within its remit such as warnings, reprimands and enforcement notices.’

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The Guardian, 30th June 2022

Source: www.theguardian.com

Upcoming Data Reform Bill “to give Parliament and Government greater oversight” of Information Commissioner’s Office – Local Government Lawyer

Posted June 22nd, 2022 in bills, data protection, government departments, news, ombudsmen, parliament by sally

‘The Government has set out plans to reform the Information Commissioner’s Office (ICO) that will give Parliament and the Secretary of State greater oversight of the data regulator and broaden the legal responsibility underpinning its work.’

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Local Government Lawyer, 21st June 2022

Source: www.localgovernmentlawyer.co.uk

UK data protection reforms announcement imminent – OUT-LAW.com

Posted June 15th, 2022 in bills, brexit, data protection, EC law, government departments, news by sally

‘The UK government has said it expects to outline its plans for reform to data protection law this month.’

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OUT-LAW.com, 14th June 2022

Source: www.pinsentmasons.com

ICO fines “World’s largest facial network” – Local Government Lawyer

‘The Information Commissioner’s Office has issued a Monetary Penalty Notice of £7,552,800 to Clearview AI Inc for breaches of the UK GDPR. Ibrahim Hasan looks at the background to the case.’

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Local Government Lawyer, 10th June 2022

Source: www.localgovernmentlawyer.co.uk

‘The worst law on earth’: why the rich love London’s reputation managers – The Guardian

‘Boris Johnson has vowed to level the playing field on which oligarchs stifle those who scrutinise them. How can he do it?’

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The Guardian, 8th June 2022

Source: www.theguardian.com

Guidelines highlight challenges of facial recognition technology as Clearview AI fined – OUT-LAW.com

Posted May 31st, 2022 in criminal justice, data protection, facial mapping, fines, news by sally

‘Guidelines recently issued by the European Data Protection Board (EDPB) focus on the use of facial recognition technology in the context of law enforcement, but one expert has highlighted how some commentary within the guidelines has broader application and how the EDPB’s views align with the views of the UK’s Information Commissioner’s Office (ICO).’

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OUT-LAW.com, 30th May 2022

Source: www.pinsentmasons.com

TalkTalk: Clever pleading cannot guide Claimants out of Warren – Panopticon

Posted May 30th, 2022 in data protection, negligence, news, third parties by sally

‘Since last year, Warren has proved a thorn in the side of those bringing claims arising out of external cyber-attacks – appearing, at least, to bar such Claimants from relying on the torts of negligence and misuse of private information (MPI), as well as breach of confidence. That appearance was confirmed to be reality by Saini J in Graeme Smith & ors v TalkTalk Telecom Group plc [2022] EWHC 1311 (QB). Avid readers of Panopticon will observe that it was Saini J who also decided Warren, thus confirming the position in Smith (not the South African cricketer), in the face of attempts by the Claimants initially to suggest that Warren was wrongly decided; diluted subsequently to seek to distinguish it on the facts. Saini J’s confirmation of the position post-Warren (and explaining that had given consideration to the case of Swinney v Chief Constable of Northumbria Police Force [1997] QB 464), is important, as it makes the law clear, following HHJ Pearce’s decision in Collins & Ors v Ticketmaster UK Limited [2022] Costs LR 123. In Collins, the Court had not decided the point, but did permit an amendment to plead MPI in a data breach case despite Warren – although “could not say that the claim went beyond that which was arguable”. HHJ Pearce permitted the amendment in Collins where the claimants had argued that Warren could be distinguished and did not apply to cases where the defendant had taken a deliberate decision to conduct its business in a manner that did not comply with the relevant industry standard – as opposed to “pure” omission cases. The clarity now provided by Saini J is welcome, given the importance of the feasibility of MPI claims in this field to claimants potentially being able to recover ATE premia (the conventional wisdom being that they are irrecoverable in DPA/GDPR claims).’

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Panopticon, 30th May 2022

Source: panopticonblog.com

UK watchdog fines facial recognition firm £7.5m over image collection – The Guardian

Posted May 24th, 2022 in data protection, facial mapping, fines, internet, news by sally

‘The UK’s data watchdog has fined a facial recognition company £7.5m for collecting images of people from social media platforms and the web to add to a global database.’

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The Guardian, 23rd May 2022

Source: www.theguardian.com

How Has the Pandemic Changed the City Workplace? Top 10 Legal Issues in the Post-Pandemic Workplace – Littleton Chambers

‘The last two years have accelerated a number of trends which had already started to gain traction. The most obvious one is the move to remote working.’

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Littleton Chambers, 17th May 2022

Source: littletonchambers.com

Health data use undermined by pseudonymisation shortcomings, says Goldacre – OUT-LAW.com

Posted May 20th, 2022 in data protection, doctors, health, news, privacy by sally

‘The practice of pseudonymising data fails to properly safeguard privacy and this impacts public trust in the use of their health data, according to an academic who recently led a government-commissioned review into the use of health data for the purposes of research and analysis.’

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OUT-LAW.com, 19th May 2022

Source: www.pinsentmasons.com

Priti Patel’s Rwanda plan for UK asylum seekers faces its first legal challenge – The Guardian

‘The first legal action has been launched against Priti Patel’s plan to send asylum seekers to Rwanda as the UN’s refugee agency raised concerns that the UK is “inviting” other European countries to adopt the same divisive immigration policy.’

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The Guardian, 7th May 2022

Source: www.theguardian.com

Data breach litigation — more useful High Court guidance – Local Government Lawyer

Posted May 6th, 2022 in damages, data protection, local government, news by tracey

‘The High Court has provided further guidance on two important issues in data breach claims, writes Peter Wake.’

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Local Government Lawyer, 6th May 2022

Source: www.localgovernmentlawyer.co.uk

UK watchdog will have power to impose huge fines on big tech firms – The Guardian

‘A new tech watchdog will be given the power to impose multibillion-pound fines on major firms such as Google and Facebook if they breach rules designed to protect consumers and businesses.’

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The Guardian, 5th May 2022

Source: www.theguardian.com

Judge throws cold water on “insignificant” data breach claims – Legal Futures

Posted May 3rd, 2022 in birth, damages, data protection, misuse of private information, news by sally

‘The burgeoning field of data breach claims has taken a blow with a High Court judge saying the disclosure of a person’s name, gender and date of birth is not serious enough.’

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Legal Futures, 3rd May 2022

Source: www.legalfutures.co.uk

‘Insufficient evidence’ to prosecute two people suspected of leaking CCTV of Matt Hancock kiss – The Independent

‘No-one will be prosecuted over the leaking of CCTV footage that showed former health secretary Matt Hancock kissing his aide while coronavirus social distancing guidelines were in place.’

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The Independent, 13th April 2022

Source: www.independent.co.uk