Snooping by police to be monitored by independent authority – The Guardian

‘A new independent surveillance procedure to prevent police officers granting themselves permission to access personal emails and records of web-browsing history is being established by the government.’

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The Guardian, 28th March 2017

Source: www.guardian.co.uk

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£2 damages winner faces costs bill for nine-day hearing – Law Society’s Gazette

Posted March 15th, 2017 in costs, damages, data protection, misuse of private information, news by tracey

‘A claimant who secured £2 in nominal damages has been told they face a substantial costs bill for turning down an earlier offer to settle.’

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Law Society’s Gazette, 14th March 2017

Source: www.lawgazette.co.uk

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NHS data loss scandal has prompted five inquiries, ministers say – The Guardian

Posted March 14th, 2017 in data protection, disclosure, documents, health, inquiries, news by tracey

‘The NHS’s loss of more than half a million pieces of confidential medical correspondence is so serious that it has triggered five separate investigations, ministers have admitted.’

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The Guardian, 13th March 2017

Source: www.guardian.co.uk

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Future-proof growth for the digital economy – Technology Law Update

Posted March 9th, 2017 in data protection, EC law, education, employment, news, regulations, reports by sally

‘Last year, the digital economy accounted for 14.5% of all UK service exports, at around £30bn. The UK remains a leader in digital innovation, and maintaining that status is a Government priority. Coadec, the Coalition for a Digital Economy, has released a detailed report suggesting four areas that for improvement to keep pace in the global race: skills, talent, investment and trade.’

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Technology Law Update, 7th March 2017

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

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Recent ruling a reminder that journalistic defence can defeat data protection breach claims, says expert – OUT-LAW.com

‘ A ruling by the High Court in London last month highlights the special rules that publishers can rely on under UK data protection law to defeat claims that they have processed personal data unlawfully.’

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OUT-LAW.com, 8th March 2017

Source: www.out-law.com

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Yet another subject access judgment… – Panopticon

Posted March 8th, 2017 in appeals, costs, data protection, disclosure, documents, judgments, news, reasons, universities by tracey

‘So, as the saying goes, you wait months for a subject access judgment, and then three come along at once.’

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Panopticon, 6th march 2017

Source: www.panopticonblog.com

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New guidance on incident reporting under EU cybersecurity laws issued for digital service providers – OUT-LAW.com

Posted March 6th, 2017 in confidentiality, data protection, EC law, internet, news, notification by sally

‘Digital service providers (DSPs) will not be obliged to report certain data breaches they experience under new EU cybersecurity laws, according to new guidance issued by the EU’s main cybersecurity body.’

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OUT-LAW.com, 3rd March 2017

Source: www.out-law.com

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Section 32 DPA: Resistance not Futile – Panopticon

‘We have banged the drum on Panopticon to almost Phil Collins-like levels on theme of the growing utility of the Data Protection Act to media lawyers, but it would be foolish to pretend it can always produce an answer from nowhere in a traditional journalism context. The judgment in ZXC v Bloomberg LP [2017] EWHC 328 (QB) reminds us of that.’

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Panopticon, 6th March 2017

Source: www.panopticonblog.com

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ICO assessing political use of public’s private data – BBC News

Posted March 6th, 2017 in data protection, EC law, elections, news, referendums by sally

‘The information watchdog is scrutinising the use of the public’s private data for political purposes following concerns over an analytics firm linked to the Leave.EU campaign.’

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BBC News, 5th March 2017

Source: www.bbc.co.uk

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Potential financial losses and gains from theft of confidential information did not justify award of ‘jackpot damages’, rules UK judge – OUT-LAW.com

Posted February 28th, 2017 in damages, data protection, employment, news, theft by tracey

‘Businesses that have confidential information stolen from them but do not suffer a financial loss as a result of that theft will generally not be eligible for damages if those that have taken the information unlawfully have not made any financial gain by doing so, a judge at the High Court in London has said.’

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OUT-LAW.com, 27th February 2017

Source: www.out-law.com

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GPs urgently examine 173 cases of patients who may have been harmed after massive NHS data loss – The Independent

Posted February 28th, 2017 in data protection, doctors, documents, health, news by tracey

‘The cases of 173 patients are being urgently examined to see if they have suffered harm after the loss of 500,000 pieces of NHS data, MPs have been told.’

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The Independent, 27th February 2017

Source: www.independent.co.uk

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Court of Appeal: law firms must comply with data requests even if purpose is to aid litigation – Legal Futures

Posted February 22nd, 2017 in appeals, data protection, disclosure, documents, news, privilege by sally

‘Law firms must comply with data requests even if the purpose for seeking the documents is “assisting in litigation”, the Court of Appeal has ruled.’

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Legal Futures, 22nd February 2017

Source: www.legalfutures.co.uk

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Appeal court rules firm wrong to refuse disclosure of privileged information – Law Society’s Gazette

Posted February 22nd, 2017 in appeals, data protection, disclosure, news, privilege by sally

‘The Court of Appeal has ordered international firm Taylor Wessing to comply with an application for information it held about parties embarking on litigation despite the firm’s claim that the data was covered by legal professional privilege.’

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Law Society’s Gazette, February 2017

Source: www.lawgazette.co.uk

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TalkTalk scam victims say it’s time for answers – The Guardian

Posted February 20th, 2017 in banking, data protection, fraud, news, telecommunications, theft by sally

‘As another customer explains how he was conned out of £6,300 after the firm’s security breach, the ICO is seemingly stalling while a class action moves closer.’

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The Guardian, 18th February 2017

Source: www.guardian.co.uk

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Martin Fodder on Whistleblowing: The Importance of Asking the Right Questions – Littleton Chambers

Posted February 20th, 2017 in data protection, disclosure, dismissal, employment tribunals, news, whistleblowers by sally

‘The judgment of the EAT in Eiger Securities LLP v Korshunova [2016] UKEAT 0149_16_0212, 6th December 2016 has attracted a fair amount of comment. It concerned the claims by a broker, Ms Korshunova, that 3 client accounts had been allocated away from her and she had then been dismissed because she had made a protected disclosure as to the impropriety of her manager (Mr Ashton) using her password and terminal. The ET upheld claims of detriment and dismissal for whistleblowing. The EAT (Slade J) remitted the case allowing 3 of the 5 grounds of appeal. ‘

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Littleton Chambers, 23rd January 2017

Source: www.littletonchambers.com

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Katherine Apps on New Data Protection Case from Court of Appeal – Littleton Chambers

Posted February 17th, 2017 in data protection, disclosure, employment, employment tribunals, news by sally

‘Following the case of Durant v Financial Services Authority [2004] FSR 573 it became common for an employer to resist providing disclosure to an employee who makes a subject access request under the Data Protection Act 1998 wholly or mainly in order to obtain material which would assist in pursuing litigation.’

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Littleton Chambers, 16th February 2017

Source: www.littletonchambers.com

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The legal landscape on cybersecurity is changing with stiffer fines for breaches on the way, says expert – OUT-LAW.com

Posted February 17th, 2017 in data protection, EC law, fines, news, notification by sally

‘Organisations face stiffer obligations on the security measures they must put in place to prevent their systems and data being compromised as well as new duties to disclose major incidents or breaches they experience.’

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OUT-LAW.com, 16th February 2017

Source: www.out-law.com

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Dawson-Damer: The Irresistible Rise of the DPA – Panopticon

Posted February 16th, 2017 in appeals, data protection, news, privilege, proportionality by sally

‘Hot off the presses comes the first of the Court of Appeal’s two forays into data protection law this term: Dawson-Damer v Tayor Wessing LLP [2017] EWCA Civ 74. It is an important decision and one well worth reading, particularly while waiting for round 2 (which has some overlaps) in Ittihadieh v 5-11 Cheyne Gardens / Deer v University of Oxford (likely to be handed down in the next month or so).’

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Panopticon, 16th February 2017

Source: www.panopticonblog.com

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Knowing where your data is processed in the cloud not central to exercising control over it, says expert – OUT-LAW.com

‘It should not be obligatory for banks in the UK to pre-agree where their data will be processed and stored when contracting with cloud service providers.’

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OUT-LAW.com, 13th February 2017

Source: www.out-law.com

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Official Secrets Acts reviewed to meet the challenges of the 21st Century – Law Commission

‘The Officials Secret Acts are being independently reviewed to ensure that the law is keeping pace with the challenges of the 21st century.’

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Law Commission, 2nd February 2017

Source: www.lawcom.gov.uk

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