Category: data protection

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

Indefinite retention of DNA profile, fingerprints and photographs of a convicted motorist contrary to article 8 – UK Police Law Blog

Posted May 1st, 2020 in data protection, DNA, fingerprints, forensic science, human rights, news, photography, privacy, Supreme Court by sally

‘The European Court of Human Rights court held in Gaughran v United Kingdom [2020] ECHR 144 that the police’s indefinite retention of DNA profile, fingerprints and photographs of person convicted of a minor offence without a possibility of review constituted an infringement of Article 8 ECHR (respect for private life). This is the latest in a number of cases where the ECtHR has disagreed with a decision of the Supreme Court and represents a further development of the meaning of “private life”.’

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UK Police Law Blog, 30th April 2020

Source: ukpolicelawblog.com

Vicarious Liability: whose liability is it anyway? – 4 New Square

Posted April 24th, 2020 in class actions, damages, data protection, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘On 1 April 2020 the Supreme Court handed down judgment in Barclays Bank plc v Various Claimants [2020] UKSC 13 (“Barclays”) and MW Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 (“Morrison”) – the latest in the recent line of cases focussed on the nature, scope and development of the doctrine of vicarious liability.’

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4 New Square, 20th April 2020

Source: www.4newsquare.com

Health Records and the Deceased – Panopticon

Posted April 23rd, 2020 in bereavement, confidentiality, data protection, families, medical records, news by sally

‘The Access to Health Records Act 1990 is an oft-overlooked member of the information rights family, but it can have a useful role to play. In the case of Re AB [2020] EWHC 691 (Fam) (Re AB) it was important because the applicant was the personal representative seeking the health records of a deceased sibling; precisely the sort of territory to which data protection law does not apply.’

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Panopticon, 23rd April 2020

Source: panopticonblog.com

A Frolic of His Own – Ropewalk Chambers

Posted April 21st, 2020 in chambers articles, compensation, data protection, news, personal injuries, Supreme Court, vicarious liability by sally

‘Exegesis and eisegesis. Exegesis is interpreting a text’s meaning in accordance with the author’s context and discoverable meaning. Eisegesis is when a reader imposes their own subjective interpretation on a text. Both have more than a passing similarity to the common law doctrine of precedent and the techniques of statutory interpretation.’

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Ropewalk Chambers, 17th April 2020

Source: www.ropewalk.co.uk

Oliver Butler: Elgizouli v Secretary of State for the Home Department: The Fundamental Rights and Freedoms of the Data Subject – UK Constitutional Law Association

Posted April 21st, 2020 in constitutional law, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, human rights, news, prerogative powers, Supreme Court by sally

‘Many will no doubt pore over the Supreme Court’s recent judgment in Elgizouli v Secretary of State for the Home Department to evaluate its significance for the common law constraint of prerogative power. Ultimately, however, the Supreme 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 that rendered the decision in question unlawful. This post considers the significance of the Data Protection Act 2018 for protecting the fundamental rights and freedoms of data subjects. Although the narrow ground upon which the judgment was decided will offer some procedural protections for fundamental rights and freedoms, the case’s significance lies in its suggestion as to how data protection law might offer some scope for extending the extraterritorial application of human rights beyond the limits of the European Convention on Human Rights.’

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UK Constitutional Law Association, 17th April 2020

Source: ukconstitutionallaw.org

Rowing back on vicarious liability – Law Society’s Gazette

Posted April 21st, 2020 in compensation, data protection, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘Two judgments from the Supreme Court have set restrictions on the scope of vicarious liability. In Barclays Bank v Various Claimants [2020] UKSC 13 the test was whether the tortfeasor was in fact the ‘employee’ of the employer. The claimants alleged that they had suffered sexual abuse by a GP hired by the bank to carry out medical assessments of employees.’

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Law Society's Gazette, 20th April 2020

Source: www.lawgazette.co.uk

Morrison: It May Not Be Over Yet: Vicarious Liability Explained by the Supreme Court (Liability of Joint Controllers Unaffected) – The 36 Group

Posted April 17th, 2020 in appeals, damages, data protection, employment, news, Supreme Court, vicarious liability by sally

‘In Morrison the Supreme Court was at pains to re-state and explain a previous judgment on an employer’s vicarious liability for employees that had been misinterpreted and misapplied both at trial and in the Court of Appeal. What was not examined at any level was the primary liability of joint data controllers, as regulated by the General Data Protection Regulation. This article looks at what the Supreme Court said about vicarious liability and the position of joint controllers.’

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The 36 Group, 14th April 2020

Source: 36group.co.uk

Vicarious Liability – the move is over – Hailsham Chambers

Posted April 17th, 2020 in appeals, chambers articles, damages, data protection, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘On 1 April 2020, the Supreme Court handed down judgment in two conjoined Vicarious Liability cases: WM Morrisons Supermarkets plc v Various Claimants [2020] UKSC 12 and Barclays Bank plc v Various Claimants [2020] UKSC 13. In this article, Michael Patrick reviews those judgments and considers their impact on the law of Vicarious Liability.’

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Hailsham Chambers, 9th April 2020

Source: www.hailshamchambers.com

Workchain: unauthorised data access is a serious offence for companies and their officers – Henderson Chambers

Posted April 17th, 2020 in appeals, chambers articles, coronavirus, data protection, employment, internet, news, pensions by sally

‘As the Coronavirus causes unprecedented and rapid change in our daily lives and many of us get used to the challenges of remote working, it is a good time to remind clients of the recent CoA decision in R. (on the application of Pensions Regulator) v Workchain Ltd [2019] EWCA Crim 1422 which demonstrates the wide application of the Computer Misuse Act 1990 (“CMA”). The case serves as a stark warning for companies and their officers who are not taking data security seriously. Tim Green was instructed by The Pensions Regulator (“TPR”).’

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Henderson Chambers, 3rd April 2020

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

Wm Morrison Supermarkets Plc v Various Claimants & Barclays Bank Plc v Various Claimants – Old Square Chambers

Posted April 17th, 2020 in appeals, chambers articles, data protection, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘The Supreme Court has handed down two new judgments addressing the legal limits of vicarious liability in employment and non-employment cases.’

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Old Square Chambers, April 2020

Source: www.oldsquare.co.uk

On The Move – Ropewalk Chambers

Posted April 17th, 2020 in appeals, chambers articles, data protection, doctors, employment, news, personal injuries, sexual offences, Supreme Court, vicarious liability by sally

‘On the inauspicious April Fool’s Day, the Supreme Court brought a stop to the expanding course of the law of vicarious liability in two decisions which bear careful consideration and will have a significant impact on the scope for liability in the law of tort generally, beyond the particular contexts of sexual abuse and data protection litigation.’

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Ropewalk Chambers, 14th April 2020

Source: www.ropewalk.co.uk

Lifting The Lockdown: Is A Phone App The Answer? – Each Other

Posted April 17th, 2020 in bills, computer programs, coronavirus, data protection, emergency powers, freedom of movement, human rights, news, privacy by sally

‘With the UK’s coronavirus lockdown extended for three more weeks, some people are looking towards a planned NHS phone app as “holding the key” to easing restrictions. But how realistic is this expectation and could there be unexpected consequences? EachOther examines.’

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Each Other, 16th April 2020

Source: eachother.org.uk

Data Protection in the Age of COVID-19 – Thomas More Chambers

Posted April 17th, 2020 in chambers articles, coronavirus, data protection, news by sally

‘During the COVID-19 pandemic, much concern has focussed on the impact on public health and the economy. Most people would understandably place data protection lower down on their priorities. It has become clear, however, that the pandemic has prompted a variety of legal concerns in this area.’

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Thomas More Chambers, 14th April 2020

Source: www.thomasmore.co.uk

Information watchdog sets out its regulatory approach during COVID-19 – Local Government Lawyer

Posted April 17th, 2020 in coronavirus, data protection, freedom of information, news, ombudsmen, privacy by sally

‘The Information Commissioner’s Office has issued a statement setting out its regulatory approach during the coronavirus pandemic, saying it will focus on those areas likely to cause the greatest public harm.’

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Local Government Lawyer, 16th April 2020

Source: www.localgovernmentlawyer.co.uk

Government acted unlawfully in assisting USA to prosecute IS fighter — an extended look – UK Human Rights Blog

Posted April 16th, 2020 in appeals, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, human rights, news, Supreme Court by sally

‘Since signing the Sixth Protocol to the European Convention in 1999, the UK has refused to extradite or deport persons to countries where they are facing criminal charges that carry the death penalty.’

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UK Human Rights Blog, 14th April 2020

Source: ukhumanrightsblog.com

Vicarious liability – ‘on the move’ no longer – Parklane Plowden

Posted April 16th, 2020 in appeals, chambers articles, data protection, doctors, news, professional conduct, sexual offences, Supreme Court, vicarious liability by sally

‘For the last 20 years the boundaries of vicarious liability have expanded. In this article Roger Quickfall discusses how the Supreme Court has brought much needed clarity.’

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Parklane Plowden, 7th April 2020

Source: www.parklaneplowden.co.uk

WM Morrison Supermarkets plc v Various Claimants – Supreme Court clarifies the test for vicarious liability – 12 King’s Bench Walk

Posted April 16th, 2020 in appeals, chambers articles, data protection, employment, news, Supreme Court, vicarious liability by sally

‘In a much-anticipated decision, the Supreme Court addresses the scope of an employer’s vicarious liability for acts by its employees, in particular the “misunderstandings” that have arisen since its previous landmark decision in Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11.’

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12 King's Bench Walk, 2nd April 2020

Source: www.12kbw.co.uk

El Gizouli: Mutual Legal Assistance Meets Data Protection – Oxford Human Rights Hub

Posted April 15th, 2020 in data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, human rights, judicial review, news, Supreme Court by sally

‘On 25 March 2020, the UK Supreme Court issued R (El Gizouli) v Secretary of State for the Home Department [2020] UKSC 10. Due to the COVID-19 global pandemic, this was the court’s first judgment to be handed down remotely. It confirmed the importance of data protection laws to international transfers of personal information for law enforcement purposes and may have even broader ramifications.’

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Oxford Human Rights Hub, 13th April 2020

Source: ohrh.law.ox.ac.uk