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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NHS pressured to reveal confidential patient data by Home Office under Theresa May, says former executive – The Independent

Posted February 2nd, 2017 in data protection, government departments, health, illegality, immigration, news by tracey

‘The former head of NHS Digital has said he was put under “immense pressure” by the Home Office under Theresa May to release data on immigrants despite his concerns over its legality.’

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The Independent, 1st February 2017

Source: www.independent.co.uk

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AI watchdog needed to regulate automated decision-making, say experts – The Guardian

‘An artificial intelligence watchdog should be set up to make sure people are not discriminated against by the automated computer systems making important decisions about their lives, say experts.’

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The Guardian, 27th January 2017

Source: www.guardian.co.uk

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Defamation and data protection: hand-in-glove – Panopticon

Posted January 30th, 2017 in data protection, defamation, news, privacy, proportionality by sally

‘Suppose you publish a statement about me to which I object. Can I sue you for both defamation and data protection breaches based on the same set of facts? Or should that sort of ‘doubling up’ be prohibited as a disproportionate attempt to achieve the same objective in different ways?’

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Panopticon, 27th January 2017

Source: www.panopticonblog.com

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Prince wins libel and DPA appeals – 5RB

Posted January 27th, 2017 in abuse of process, appeals, data protection, defamation, news by sally

‘Court of Appeal rules adding DPA inaccuracy claim to libel claim permissible; also finds for Prince on defamatory meaning.’

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5RB, 27th January 2017

Source: www.5rb.com

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SARs and Legal Professional Privilege – Panopticon

Posted January 26th, 2017 in company directors, data protection, electronic mail, news, privilege by tracey

‘It’s fair to say that the Supreme Court’s Brexit judgment has taken some attention from other legal developments of the day, but Holyoake v (1) Candy (2) CPC Group Limited [2017] EWHC 52 is another significant judgment on the scope of the subject access right under s.7 DPA.’

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Panopticon, 25th January 2017

Source: www.panopticonblog.com

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G4S filmed asylum seekers in their own homes without consent – The Guardian

‘Information commissioner raises concern and campaigners threaten legal action over security firm’s use of body-worn cameras.’

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The Guardian, 24th January 2017

Source: www.guardian.co.uk

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EU data protection compliance – Law Society’s Gazette

Posted January 23rd, 2017 in data protection, EC law, news, regulations by sally

‘The General Data Protection Regulation is here to stay: well beyond the date of Brexit. What do you need to know?’

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Law Society’s Gazette, 23rd January 2017

Source: www.lawgazette.co.uk

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Data protection must become ‘a fundamental part of daily business practice’, says expert – OUT-LAW.com

Posted January 20th, 2017 in data protection, news by sally

‘Organisations must treat data protection as “a fundamental part of daily business practice” to ensure legal compliance, particularly under forthcoming new legislation which takes effect next year, an expert has said.’

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OUT-LAW.com, 19th January 2017

Source: www.out-law.com

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Insurance firm fined over data breach – OUT-LAW.com

Posted January 12th, 2017 in data protection, fines, insurance, news, theft by tracey

‘An insurance firm has been fined by the UK’s data protection watchdog over the theft from its premises of a storage device containing information on nearly 60,000 customers.’

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OUT-LAW.com, 11th January 2017

Source: www.out-law.com

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A technology top ten for 2017 – Technology Law Update

‘What should we expect in the technology space in 2017?

We take a look at current trends and focus on some of the legal opportunities and pitfalls that they present.’

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Technology Law Update, 6th January 2017

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

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A ‘Poke’ in the Eye for Claims against Facebook – Panopticon

‘The “internet has not alone changed our lives but it has also changed our vocabulary. A tablet is no longer made of stone, a bit does not help guide a horse and a cookie is more likely to affect your privacy than alleviate the pangs of hunger between meals!” A lengthy Christmas cracker joke? No, the observations – in excellent ‘Dad-joke’ style – of the Northern Ireland Court of Appeal in CG v Facebook Ireland Ltd & McCloskey (MOR10142) (Morgan LCJ, Gillen & Weatherup LJJ) at [54].’

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Panopticon, 6th January 2017

Source: www.panopticonblog.com

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