Replace GDPR, says prime minister’s regulatory hit-squad – Law Society’s Gazette

Posted June 17th, 2021 in brexit, data protection, EC law, news, reports by sally

‘EU-era data protection laws would be replaced by common-law based UK legislation under a list of proposals for a “bold new” post-Brexit framework proposed by a working party set up by the prime minister today.’

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Law Society's Gazette, 16th June 2021

Source: www.lawgazette.co.uk

Sharing data with crime reduction partnerships – UK Police Law Blog

‘R (on the application of M) v Chief Constable of Sussex [2021] EWCA Civ 42 is an important decision from the Court of Appeal regarding an information sharing agreement (“ISA”) between a police force and a local business crime reduction partnership (“BCRP”). The ISA was held not to breach the Data Protection Act 2018 (“DPA”) and the sharing of information that revealed a vulnerability to child sexual exploitation (“CSE”) was held not to be in breach of data protection rights. The case indicates the approach that the courts may take when asked to scrutinise information sharing agreements and policy documents where the police seek to share data with other organisations for the purpose of reducing crime and disorder.’

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UK Police Law Blog, 15th June 2021

Source: ukpolicelawblog.com

Copyright – Duchess of Sussex v Associated Newspapers Ltd – NIPC Law

‘At a directions hearing before Lord Justice Warby on 5 May 2021, His Lordship granted summary judgment to the Duchess of Sussex in her claim for copyright infringement against the publisher of The Mail on Sunday and The Mail Online. He made a number of consequential orders and gave directions for the taking of an account of profits. His judgment in Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 1245 (Ch) (12 May 2021) sets out the reasons for those orders and directions.’

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NIPC Law, 13th June 2021

Source: nipclaw.blogspot.com

A Guide to Immigration Subject Access Requests – Richmond Chambers

‘Subject Access Requests (SARs) are an essential tool for individuals and their lawyers, especially when it comes to immigration and nationality law. This post looks at what they are, why they are important, and how to make an Immigration Subject Access Request.’

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Richmond Chambers, 9th June 2021

Source: immigrationbarrister.co.uk

Labour asks NHS and Matt Hancock to pause plans for sharing patient data – The Guardian

‘Labour has urged the NHS and Matt Hancock to pause their plan to share medical records from GPs to allow time for greater consultation on how the idea would work, saying that maintaining patients’ trust must be paramount.’

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The Guardian, 6th June 2021

Source: www.theguardian.com

UK guide on data transfer codes and certification anticipated – OUT-LAW.com

Posted June 3rd, 2021 in codes of practice, data protection, EC law, news by sally

‘New guidance on how businesses might use codes of conduct and certification schemes to demonstrate their compliance with rules governing international data transfers could be issued by the UK’s data protection authority in a matter of weeks, Out-Law has learned.’

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OUT-LAW.com, 2nd June 2021

Source: www.pinsentmasons.com

EU citizens win right to access personal data held by Home Office – The Guardian

Posted May 28th, 2021 in appeals, data protection, EC law, government departments, immigration, news by tracey

‘EU citizens have won the right to get full access to records about them held by the Home Office or any other body after a legal battle by campaigners. Three judges at the court of appeal unanimously overturned an earlier high court decision that their case had no legal merit and ruled the Data Protection Act 2018 (DPA) unlawfully denied them access to their data through an “immigration exemption” clause.’

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The Guardian, 26th May 2021

Source: www.theguardian.com

GCHQ’s mass data interception violated right to privacy, court rules – The Guardian

‘The UK spy agency GCHQ’s methods for bulk interception of online communications violated the right to privacy and the regime for collection of data was unlawful, the grand chamber of the European court of human rights has ruled.’

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The Guardian, 25th May 2021

Source: www.theguardian.com

Retention of data on alleged rapist lawful despite acquittal in criminal proceedings – UK Human Rights Blog

‘YZ, R (on the application of) v Chief Constable of South Wales Police (Rev 1) [2021] EWHC 1060 (30 April 2021). The claimant YZ had been acquitted on three counts raping his former wife but details concerning these matters remain on the Police National Computer (PNC). These proceedings concerned whether such retention was lawful.’

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UK Human Rights Blog, 21st May 2021

Source: ukhumanrightsblog.com

UK Immigration Rough Sleeper Rule – Family Law

‘The UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s permission to remain within the UK.’

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Family Law, 11th May 2021

Source: www.familylaw.co.uk

Case Preview: Lloyd v Google LLC – UKSC Blog

‘In this post, Kenny Henderson and Alex Askew of CMS preview the appeal being heard over the next two days in the matter of Lloyd v Google LLC, which concerns a claim alleging that the appellant (“Google”) breached its duties as a data controller to over 4m Apple iPhone users during a period of some months in 2011- 2012, when Google was able to collect and use their browser generated information.’

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UKSC Blog, 28th April 2021

Source: ukscblog.com

TikTok sued for billions over use of children’s data – BBC News

Posted April 21st, 2021 in children, class actions, compensation, damages, data protection, internet, news, privacy by tracey

‘TikTok is facing a legal challenge from former children’s commissioner for England Anne Longfield over how it collects and uses children’s data.’

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BBC News, 21st April 2021

Source: www.bbc.co.uk

The challenges with data and AI in UK financial services – OUT-LAW.com

‘Financial services businesses should review the way they procure, manage and use data, and consider whether specific new processes need to be developed, to implement artificial intelligence (AI) systems in a way that customers trust, is effective and meets legal and regulatory standards.’

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OUT-LAW.com, 14th April 2021

Source: www.pinsentmasons.com

Belly Mujinga: family still seeking justice one year after Covid death – The Guardian

Posted April 6th, 2021 in anonymity, assault, coronavirus, data protection, news, private prosecutions by sally

‘The family of Belly Mujinga, a London transport worker who died with Covid-19 after allegedly being spat and coughed at while on duty, have called for police to disclose the suspect’s name.’

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The Guardian, 5th April 2021

Source: www.theguardian.com

Brexit: UK lost ‘significant’ access to EU policing data under deal, report warns – BBC News

Posted March 26th, 2021 in brexit, data protection, news, police by tracey

‘Britain has lost “significant” access to EU policing data under the Brexit deal negotiated at the end of last year, a House of Lords report has said. It also concluded that post-Brexit law enforcement arrangements are “complex” and “untested”.’

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BBC News, 26th March 2021

Source: www.bbc.co.uk

The jurisdictional challenge of internet regulation – OUP Blog

Posted March 24th, 2021 in data protection, international law, internet, jurisdiction, news, privacy by sally

‘We live in an increasingly automated, data-driven world where choices and decisions are made for us, and sometimes, against us, and in which we are being subconsciously manipulated, based on the data trail we leave behind us. As a consequence, increasingly humanity is losing agency in favour of globally operating technology and media companies, who are building empires based on big data, data mining, and artificial intelligence. Their wealth and power stems from targeted advertising, but increasingly rests on the wealth of data and profiles of individuals which can be packaged and re-packaged to be sold to the highest bidder. The data collected is not just used for advertising, but also for surveillance, differential pricing, influencing elections, targeted misinformation, predicting sentiments in investment markets, and selling the data for managing corporate risk to the detriment of the consumer, particularly in respect of credit and insurance. Likewise, cybercrime uses techniques of profiling and exploitation of the vulnerable. The global data-driven economy is wide-ranging, has many benefits, but equally, high risks.’

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OUP Blog, 24th March 2021

Source: blog.oup.com

UK to depart from GDPR – Law Society’s Gazette

Posted March 8th, 2021 in brexit, data protection, EC law, government departments, news, privacy by tracey

‘The government has sent a first signal of its intention for UK data protection laws to part company with the EU’s General Data Protection Regulation. In a Financial Times article last week, culture secretary Oliver Dowden said he would use the appointment of a new information commissioner to focus not just on privacy but on the use of data for “economic and social goals”.’

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Law Society's Gazette, 8th March 2021

Source: www.lawgazette.co.uk

European Commission approval for the ‘adequacy’ status of our data protection laws has been welcomed by the government. But is the UK making the wrong choice of regimes? – Law Society’s Gazette

Posted February 22nd, 2021 in brexit, data protection, EC law, news by tracey

‘Last week’s news that the European Commission is to approve the treasured ‘adequacy’ status of UK data protection laws came as a relief to much of the legal sector. Apart from allowing businesses to continue sharing personal data across the EU when the current bridging agreement expires in June, adequacy status also helps with law enforcement and other matters where cross-border co-operation is vital.’

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Law Society's Gazette, 22nd February 2021

Source: www.lawgazette.co.uk

Markle judgment warns against ‘Micawber’ tactics – Law Society’s Gazette

‘The High Court has sounded a new warning about “Micawber tactics” in a summary judgment in the high-profile action brought by the Duchess of Sussex (Meghan Markle) against the Mail newspaper. Lord Justice Warby, sitting as a judge in the Chancery Division, found that the duchess had a reasonable expectation of privacy when she wrote a personal letter to her father, even though she feared it might be leaked to the press.’

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Law Society's Gazette, 12th February 2021

Source: www.lawgazette.co.uk

Meghan wins privacy case against Mail on Sunday – The Guardian

Posted February 12th, 2021 in copyright, damages, data protection, media, news, privacy, royal family by tracey

‘The Duchess of Sussex has won her high court privacy case against the Mail on Sunday, hailing her victory as a “comprehensive win” over the newspaper’s “illegal and dehumanising practices”.’

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The Guardian, 11th February 2021

Source: www.theguardian.com