Category: data protection

Overseas Production Orders – A New Tool to Obtain Foreign Electronic Evidence – 6KBW College Hill

Posted June 5th, 2020 in Crown Court, data protection, evidence, foreign jurisdictions, news by sally

‘For years, prosecutors and defenders have acted in the confident knowledge that obtaining certain types of important electronic evidence from overseas in time for use at trial has been very difficult. That may now change: the Crime (Overseas Production Orders) Act 2019 (“the Act”) received the Royal Assent on 12 February 2019. The provisions of the Act came into force on 9 October 2019.’

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6KBW College Hill, 25th May 2020

Source: blog.6kbw.com

Tim Cochrane: The Impact of the CLOUD Act Regime on the UK’s Death Penalty Assurances Policy – UK Constitutional Law Association

Posted June 1st, 2020 in constitutional law, data protection, death penalty, foreign jurisdictions, investigatory powers, news by sally

‘This post discusses the impact of the new CLOUD Act international data sharing regime on the UK’s death penalty assurances policy. This regime—named after its enabling US legislation, the Clarifying Lawful Overseas Use of Data Act—is due to come into force in July 2020 following the signing of a bilateral US–UK agreement in October 2019 (US-UK Agreement). It provides a quicker alternative for law enforcement seeking access to electronic data overseas, beyond the existing mutual legal assistance (MLA) process, which operates through MLA treaties (MLATs) and other mechanisms. However, while the CLOUD Act regime has an admirable aim, its implementation weakens the UK’s existing death penalty assurances policy and thus risks exposing the UK and others to significant liability, as discussed below.’

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UK Constitutional Law Association, 1st June 2020

Source: ukconstitutionallaw.org

Privacy group prepares legal challenge to NHS test-and-trace scheme – The Guardian

Posted June 1st, 2020 in computer programs, coronavirus, data protection, government departments, human rights, news, privacy, time limits by sally

‘Privacy campaigners are preparing a legal challenge to the NHS’s coronavirus test-and-trace programme as concerns grow about the amount of contact data that will be collected and retained by government.’

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The Guardian, 31st May 2020

Source: www.theguardian.com

Data watchdog relaxes regulatory function to prioritise guidance on complying with law during coronavirus public health emergency – Local Government Lawyer

Posted May 26th, 2020 in auditors, coronavirus, data protection, enforcement, fines, freedom of information, news, ombudsmen by sally

‘The Information Commissioner’s Office (ICO) will stand down audit work, issue fewer fines and generally use fewer formal powers against organisations that are struggling to meet data protection standards as a result of the COVID-19 pandemic.’

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Local Government Lawyer, 22nd May 2020

Source: www.localgovernmentlawyer.co.uk

What Morrisons means for employer liability – Law Society’s Gazette

Posted May 21st, 2020 in causation, data protection, news, Supreme Court, vicarious liability by sally

‘The Supreme Court recently ruled that Morrison Supermarkets was not vicariously liable for a data breach committed maliciously by a former employee who disclosed employee payroll data online (WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12). The judgment clarified that the test for vicarious liability is whether the acts committed by the employee were ‘so closely connected’ with the acts that they were authorised to carry out by their employer that such acts ‘can fairly and properly be regarded as done’ by the employee acting in the ordinary course of his or her employment.’

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Law Society's Gazette, 18th May 2020

Source: www.lawgazette.co.uk

School breached data protection and human rights, unlawfully misused personal information of Down’s Syndrome pupil and mother: High Court – Local Government Lawyer

Posted May 21st, 2020 in data protection, disabled persons, human rights, news, school children by sally

‘A primary school breached the Data Protection Act 1988 and Human Rights Act 1998 and unlawfully misused the personal information of a child with Down’s Syndrome and her mother, the High Court has ruled.’

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Local Government Lawyer, 18th May 2020

Source: www.localgovernmentlawyer.co.uk

MPs and peers call for legal requirement to delete UK contact-tracing data – The Guardian

Posted May 21st, 2020 in bills, coronavirus, data protection, internet, news, select committees by sally

‘The government must legally swear to delete all the data it captures using the NHS Covid-19 contact-tracing app, a committee of MPs and peers has urged.’

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The Guardian, 15th May 2020

Source: www.theguardian.com

Practice – Mail’s Strikeout Application – NIPC Law

Posted May 18th, 2020 in chambers articles, copyright, damages, data protection, media, news, privacy by sally

‘This was an application by the publisher of the Mail on Sunday and the Mail Online to strike out certain allegations contained in the particulars of claim and further information of the Duchess of Sussex and later the reply in an action that she has brought against the publisher for copyright infringement, misuse of private information and infringement of her rights under the General Data Protection Regulation. The complaint arises from the newspaper’s publication of a letter from the duchess to her father on 10 Feb 2019.’

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NIPC Law, 17th May 2020

Source: nipclaw.blogspot.com

An Act for the App? Is the NHS contact app bad for your privacy? – Doughty Street Chambers

Posted May 18th, 2020 in bills, chambers articles, computer programs, coronavirus, data protection, human rights, news, privacy, select committees by sally

‘Following the publication last week by the Joint Committee on Human Rights of its report on the proposed NHS App and the risk of adverse effects on privacy and human rights, the Committee has drafted a Bill – the Digital Contact Tracing (Data Protection Bill) – and sent it to the Health Secretary, Matt Hancock.’

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Doughty Street Chambers, 12th May 2020

Source: insights.doughtystreet.co.uk

Contact tracing – breach of data protection? – UK Human Rights Blog

Posted May 18th, 2020 in chambers articles, computer programs, coronavirus, data protection, human rights, news, privacy by sally

‘In the rush to lift the lockdown with safeguards, the government has given a green light to “contact tracing” via bluetooth apps on our smartphones (provided we own them and are willling to take up the app).’

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UK Human Rights Blog, 15th May 20202

Source: ukhumanrightsblog.com

Digital Contact Tracing Updates from the Human Rights Committee – UK Human Rights Blog

Posted May 12th, 2020 in computer programs, coronavirus, data protection, news, privacy, select committees by sally

‘The Human Rights Committee, reviewing NHSX’s current digital contact tracing app architecture, has recommended that the government’s current privacy assurances are not sufficient to protect data privacy and that legislation must be passed to ensure that. This echoes Professor Lilian Edwards’ call for primary legislation to ensure privacy rights are protected. These recommendations are given special significance NHSX’s choice to adopt the controversial and arguably less secure “centralised” model.’

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UK Human Rights Blog, 11th May 2020

Source: ukhumanrightsblog.com

Scott v LGBT Foundation Ltd: When Dealing with Personal Information Falls Outside the Data Protection Regime – The 36 Group

Posted May 11th, 2020 in chambers articles, charities, confidentiality, consent, data protection, disclosure, doctors, human rights, mental health, news, privacy by sally

‘In Scott v LGBT Foundation Ltd [2020] EWHC 483 (QB) the High Court held that “a verbal disclosure does not constitute the processing of personal data” under the Data Protection Act 1998 (“DPA 1998”).’

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The 36 Group, 5th May 2020

Source: 36group.co.uk

UK contact-tracing app could fall foul of privacy law, government told – The Guardian

Posted May 11th, 2020 in bills, computer programs, coronavirus, data protection, human rights, news, privacy, select committees by sally

‘The NHS contact-tracing app must not be rolled out across the UK until the government has increased privacy and data protections, an influential parliamentary committee has said, as rights groups warn that the current trial is unlawful under the Data Protection Act.’

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The Guardian, 7th May 2020

Source: www.theguardian.com

No vicarious liability for a ‘personal vendetta’: WM Morrisons Supermarkets plc (Appellant) v Various Claimants (Respondents) – [2020] UKSC 12 – 3PB

Posted May 11th, 2020 in appeals, chambers articles, data protection, news, Supreme Court, vicarious liability by sally

‘Morrisons, the Appellant by the time this case reached the Supreme Court, are, of course, a well-known national chain of supermarkets. The Respondents in this case were approximately 9,000 employees or former employees of Morrisons.’

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3PB, May 2020

Source: www.3pb.co.uk

Working from Home during COVID-19 – Thomas More Chambers

Posted May 7th, 2020 in confidentiality, coronavirus, data protection, flexible working, health & safety, news, working time by sally

‘During these unprecedented times, working from home on a full-time basis has become the ‘new normal’. This is in stark contrast to before the coronavirus (COVID-19) pandemic began, when out of 32.6 million people in employment, only 1.7 million regularly worked from home. The change to enforced homeworking was swift and represented significant changes to the lifestyle and routines of both employers and employees, which, in turn, creates a number of legal and practical issues for employers. It is currently unknown how long homeworking will last for, or indeed if the outbreak of COVID-19 will cause a shift towards homeworking on a permanent basis.’

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Thomas More Chambers, 30th April 2020

Source: www.thomasmore.co.uk

Sean Molloy: Elgizouli v Secretary of State for the Home Department: The Missing Rationality Challenge – UK Constitutional Law Association

Posted May 6th, 2020 in constitutional law, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, judicial review, news, Supreme Court by sally

‘The long anticipated judgment in Elgizouli v Secretary of State for the Home Department was handed down by the Supreme Court on the 25th March. The Court held that it was not the common law but rather a failure by the Home Secretary to consider his duties under the Data Protection Act 2018 (DPA) that rendered the decision of the then Home Secretary- Sajid Javid- to hand over evidence to US authorities unlawful. While others have commented on the DPA aspect of this case (see here, here, and here), this post touches on the common law strand. However, rather than interrogating the Court’s decision, here I discuss the under-examined issue of rationality, arguing that the factual matrix of the case warranted a greater examination of the Home Secretary’s decision.’

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UK Constitutional Law Association, 6th May 2020

Source: ukconstitutionallaw.org

Down’s Syndrome student wins compensation after school sent letter to parents detailing violent behaviour – Daily Telegraph

Posted May 5th, 2020 in compensation, data protection, disabled persons, human rights, news, school children, special educational needs by sally

‘The family of a child with Down’s Syndrome has been awarded compensation after a primary school sent a letter to parents detailing her violent behaviour and disability.’

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Daily Telegraph, 4th May 2020

Source: www.telegraph.co.uk

What are the data privacy considerations of Contact Tracing Apps? – UK Human Rights Blog

Posted May 4th, 2020 in computer programs, coronavirus, data protection, emergency powers, human rights, news, privacy by sally

‘Coronavirus presents a serious threat to society, legitimising the collection of public health data under Article 9:2 (g) of GDPR regulations, which allows the processing of such data if “necessary for reasons of substantial public interest”. Some of this collection will take the form of contact tracing apps, which have been used in containing the spread of coronavirus in countries such as Singapore.’

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UK Human Rights Blog, 1st May 2020

Source: ukhumanrightsblog.com

Nyasha Weinberg: Parliament must legislate on the government’s plans for contact tracing apps – UK Constitutional Law Association

Posted May 4th, 2020 in computer programs, constitutional law, coronavirus, data protection, emergency powers, human rights, news, parliament, privacy by sally

‘ Today the Joint Committee on Human Rights will take evidence from the Information Commissioner, academics and the CEO of NHSX on the risks to the right to privacy (Article 8 ECHR) if a contact tracing app is introduced to track and slow the spread of the coronavirus. This is helpful scrutiny of the government’s plans. Yet if the government goes ahead with its proposed contact-tracing application it is essential that the processing of large amounts of personal data by the state, even if done in the public interest, needs a clear legal basis in the form of specific legislation.’

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UK Constitutional Law Association, 4th May 2020

Source: ukconstitutionallaw.org

Duchess of Sussex: Mail on Sunday wins first round in Meghan privacy case – BBC News

Posted May 4th, 2020 in copyright, damages, data protection, media, news, privacy, public interest, royal family, striking out by sally

‘The Mail on Sunday has won the first round of a legal battle against the Duchess of Sussex over the publication of a letter she wrote to her father.’

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BBC News, 1st May 2020

Source: www.bbc.co.uk