£1m cost of advertising for claimants is not recoverable, judge rules – Law Society’s Gazette

‘Lawyers leading group litigation against British Airways have been told they cannot expect the defendant to pay the £1m costs of advertising for claimants if the action succeeds.’

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Law Society's Gazette, 8th February 2021

Source: www.lawgazette.co.uk

Domestic abuse victims stalked as family courts share refuge addresses with ex-partners, commissioner warns – The Independent

‘The family courts are putting domestic abuse victims and children at grave risk by sharing the secret addresses of shelters with the abusive ex-partner they are fleeing, and some survivors are suffering stalking as a result, London’s independent victims’ commissioner has warned.’

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The Independent, 7th February 2021

Source: www.independent.co.uk

Domestic Abuse Bill: calls for data ‘firewall’ to protect migrant women – Law Society’s Gazette

‘The government has been urged to remove ‘blind spots’ in the Domestic Abuse Bill that could deter migrant women from reporting domestic abuse to the police for fear of being deported or enable perpetrators to control their victims.’

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Law Society's Gazette, 3rd February 2021

Source: www.lawgazette.co.uk

Radicalisation and retention: how long can the police hold data about a person allegedly vulnerable to radicalisation? – UK Police Law Blog

Posted January 29th, 2021 in data protection, equality, human rights, Islam, news, police, privacy, proportionality, terrorism by sally

‘If concerns are raised that a person might be vulnerable to radicalisation, how long can a police force hold data about that person? This was the question facing the High Court in the case of R (II) v Commissioner of Police for the Metropolis [2020] EWHC 2528 (Admin), which held that the police’s continued retention of data a sixteen year old was contrary to the Data Protection Act 2018 and article 8. In finding this, the court held that a force’s retention of data must be proportionate, what is proportionate in any given situation is fact-specific and that when the police cease to be able to identify a policing purpose for continued retention of personal data, it should be deleted.’

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UK Police Law Blog, 28th January 2021

Source: ukpolicelawblog.com

UK regulator to write to WhatsApp over Facebook data sharing – The Guardian

Posted January 27th, 2021 in data protection, internet, news, privacy, select committees by sally

‘The UK’s data regulator is writing to WhatsApp to demand that the chat app does not hand user data to Facebook, as millions worldwide continue to sign up for alternatives such as Signal and Telegram to avoid forthcoming changes to its terms of service.’

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The Guardian, 26th January 2021

Source: www.theguardian.com

Data-sharing safeguards: no ‘micro-managing’ – Panopticon

Posted January 26th, 2021 in data protection, EC law, news, police, privacy, young persons by sally

‘Data-sharing arrangements between one controller and another proliferate across all sorts of processing contexts, aimed at all sorts of purposes. If those arrangements are to comply with the GDPR and/or DPA 2018, they need to be structured so as to ensure that the data-sharing satisfies the data protection principles. This includes having “appropriate technical and organisational measures” in place. So far, so clear. But how do you assess whether your measures are “appropriate”? And if push comes to shove, how will a court approach that assessment?’

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Panopticon, 25th January 2021

Source: panopticonblog.com

Police force wins appeal over sharing of information about teenager with local crime reduction partnership – Local Government Lawyer

Posted January 22nd, 2021 in appeals, data protection, disclosure, judicial review, news, police, privacy, young persons by sally

‘A teenager has failed in a judicial review of how information on her was shared between Sussex Police and the Brighton & Hove Business Crime Reduction Partnership.’

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Local Government Lawyer, 21st January 2021

Source: www.localgovernmentlawyer.co.uk

High Court grants girl anonymity in TikTok representative action – Litigation Futures

Posted January 8th, 2021 in anonymity, children, damages, data protection, internet, news, privacy by sally

‘A High Court judge has granted anonymity to a 12-year-old girl, allowing the Children’s Commissioner, as her litigation friend, to bring a breach of privacy action against social media platform TikTok.’

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Litigation Futures, 7th January 2021

Source: www.litigationfutures.com

Migrant domestic abuse victims’ data must not be shared between police and Home Office, report warns – The Independent

‘Police and government must urgently introduce measures to stop police sharing domestic abuse victims’ immigration data with the Home Office, a major new report has warned.
Campaigners have routinely voiced fears women with unsettled immigration status who are suffering domestic violence are often too fearful to report the abuse due to fears police will share their data with the Home Office and they will face deportation.’

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The Independent, 17th December 2020

Source: www.independent.co.uk

Information commissioner gets busy with fines – Law Society’s Gazette

Posted December 8th, 2020 in data protection, EC law, fines, news by sally

‘General Data Protection Regulation fines are like a number 65 bus: you wait for a long time and then three arrive at once. In the space of a month the Information Commissioner’s Office (ICO) has issued three monetary penalty notices. All relate to breaches of GDPR’s security requirements as set out in articles 5 and 32.’

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Law Society's Gazette, 7th December 2020

Source: www.lawgazette.co.uk

High Court refuses to strike out solicitor’s surveillance harassment claim – Legal Futures

‘The High Court has refused to strike out claims of harassment brought by a solicitor and his wife over surveillance of them carried out at the instruction of a former client.’

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Legal Futures, 30th November 2020

Source: www.legalfutures.co.uk

‘Antiquated process’: data regulator on obtaining Cambridge Analytica warrant – The Guardian

Posted November 25th, 2020 in auditors, data protection, fines, internet, news, privacy, select committees, warrants by sally

‘The information commissioner has criticised the “antiquated process” that led to Facebook getting hold of Cambridge Analytica’s servers before the UK regulator itself, and renewed calls for an international approach to data privacy to tackle the emerging threat of data havens.’

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The Guardian, 24th November 2020

Source: www.theguardian.com

How Your Boss Could Be Spying On You At Home – And What Your Rights Are – Each Other

‘There are reports of bosses in some parts of the world downloading programs which screenshot their staffs’ computers at regular intervals to monitor their productivity.’

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Each Other, 19th November 2020

Source: eachother.org.uk

Data protection – ICO’s new guidance on data subject access requests – OUT-LAW.com

Posted November 6th, 2020 in codes of practice, data protection, employment, news by sally

‘Leanne Francis comments on the ICO’s new guidance on handling data subject access requests from employees.’

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OUT-LAW.com, 5th November 2020

Source: www.pinsentmasons.com

Court of Appeal affirms importance of data in horseracing case – OUT-LAW.com

Posted November 4th, 2020 in appeals, data protection, news, sport, third parties, unlawful means conspiracy by sally

‘The Court of Appeal in London has strengthened the tools available to rights holders when seeking to control and exploit commercially valuable data within sport and set out the pitfalls for third parties who seek to do the same without clear, unambiguous approval from a rights holder.’

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OUT-LAW.com, 3rd November 2020

Source: www.pinsentmasons.com

ICO fine for British Airways lands at £20m – Panopticon

Posted October 19th, 2020 in airlines, coronavirus, data protection, fines, news, ombudsmen by sally

‘Ever since the Information Commissioner issued British Airways with a notice proposing to impose a massive fine of £183.39m for a data breach incident in 2018, we have all be waiting with bated breath to see how that process would conclude. A fine at that level would have been the largest ever issued by a data protection regulator in Europe, and would have dwarfed the eye-watering €50m proposed by the French data protection authority CNIL in respect of Google’s advertisement personalisation practices, affecting millions of French citizens. The prospect of BA, a corporate victim of a criminal cyber-attack affecting around 400,000 people’s (mostly payment-card) data, being subject to fine in excess of 4x as large certainly grabbed the headlines.’

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Panopticon, 19th October 2020

Source: panopticonblog.com

Vos: ‘lawyers face steep learning curve on tech’ – Law Society’s Gazette

‘All lawyers will need to become familiar with the concepts and workings of distributed ledger technology, smart legal contracts and cryptoassets, according to the next master of the rolls. In a foreword to a landmark report on the regulation of blockchain technology, Sir Geoffrey Vos says that the pandemic “has only emphasised our need to understand the ways in which technology is affecting our professional lives. Lawyers face a steep learning curve.” ’

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Law Society's Gazette, 5th October 2020

Source: www.lawgazette.co.uk

Data protection challenges of remote working – Local Government Lawyer

‘Samantha Smith looks at how organisations can handle the data protection challenges of remote working.’

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Local Government Lawyer, 2nd October 2020

Source: www.localgovernmentlawyer.co.uk

The impact of digitalisation on the immigration process – EIN Blog

‘The coronavirus pandemic created an impetus for the legal world to finally begin accepting digitalisation of processes, moving away from the traditional paper process to an online version. The immigration process is already faced with a myriad of concerns which leaves the applicant in a weak position, and most often, with a lack of funds to cover their costs. The Home Office’s inability to train and effectively manage applications, outsource services to dubious third-party contractors has been exacerbated further by the haphazard application of online processes which do not match the needs of the immigration process. Despite the fact that online applications are easier to complete for legal representatives a number of issues have arisen as a result of this sudden change.’

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EIN Blog, 21st September 2020

Source: www.ein.org.uk

Data protection representative actions consultation opened – OUT-LAW.com

‘The UK government is considering whether to allow non-profit organisations to make data protection regulatory complaints and bring court claims on behalf of individuals without their consent.’

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OUT-LAW.com, 14th September 2020

Source: www.pinsentmasons.com