Category: data protection

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

Vicarious liability (and data protection): two cases – Six Pump Court

Posted April 14th, 2020 in banking, chambers articles, compensation, data protection, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘Morrisons, heard recently in the Supreme Court, concerns vicarious liability for a rogue data controller. Together with another Supreme Court case, Barclays Bank, these two cases cover all the key issues.’

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Six Pump Court, 8th April 2020

Source: www.6pumpcourt.co.uk

Another skirmish on the boundaries of vicarious liability: data protection this time – UK Human Rights Blog

Posted April 9th, 2020 in appeals, data protection, employment, human rights, news, Supreme Court, vicarious liability by sally

‘This appeal concerned the circumstances in which an employer can be held to be vicariously liable for wrongs committed by its employees, and also whether vicarious liability may arise for breaches by an employee of duties imposed by the Data Protection Act 1998 (“DPA”).’

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UK Human Rights Blog, 7th April 2020

Source: ukhumanrightsblog.com

The Non-Disclosure and Barring Service: Victim Access to Information – Panopticon

Posted April 9th, 2020 in child abuse, children, data protection, disclosure, employment, news, sexual offences, victims by sally

‘If you believe that an individual who works with children sexually assaulted you, but was never prosecuted for that allegation, it is understandable that you might wish to know whether that person has been placed on the formal list of persons barred from engaging in regulated activity with children, run by the Disclosure and Barring Service (“DBS”). But it is also understandable why the DBS might not wish to tell you (and thereby the public at large) who is or is not barred, and even more so why the individual accused would not wish that to be revealed. Who’s rights win out?’

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Panopticon, 8th April 2020

Source: panopticonblog.com

EP 106: Vicarious Liability – Robert Kellar QC & Isabel McArdle – Law Pod UK

Posted April 9th, 2020 in banking, damages, data protection, doctors, employment, news, sexual offences, vicarious liability by sally

‘Robert Kellar QC and Isabel McArdle of 1 Crown Office Row discuss with Rosalind English the latest Supreme Court rulings rejecting the liability of Barclays Bank for the wrongdoings of an independent contractor, on the one hand, and the liability of Morris’s Supermarket for the breach of data protection laws by one of its employees, on the other. Are enterprises to be shielded from the risks created by persons they commission to perform certain tasks?’

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Law Pod UK, 9th April 2020

Source: audioboom.com

New Judgment: WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 – UKSC Blog

Posted April 7th, 2020 in appeals, data protection, employment, news, Supreme Court, vicarious liability by sally

‘This appeal concerns the circumstances in which an employer is vicariously liable for wrongs committed by its employees, and also whether vicarious liability may arise for breaches by an employee of duties imposed by the Data Protection Act 1998.’

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UKSC Blog, 1st April 2020

Source: ukscblog.com

Tribunal stays information rights cases for 28 days – Local Government Lawyer

Posted April 6th, 2020 in coronavirus, data protection, delay, freedom of information, news, time limits, tribunals by sally

‘The First-Tier Tribunal General Regulatory Chamber (Information Rights) has – with immediate effect – stayed for a period of 28 days all proceedings under section 48 of the Data Protection Act 1998, section 162 of the Data Protection Act 2018 and section 57 of the Freedom of Information Act 2000.’

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Local Government Lawyer, 3rd April 2020

Source: www.localgovernmentlawyer.co.uk

Data Protection and Capital Punishment – The 36 Group

Posted April 3rd, 2020 in chambers articles, data protection, death penalty, disclosure, foreign jurisdictions, government departments, news, Supreme Court by sally

‘Case note on the Supreme Court’s judgment in Elgizouli (appellant) v Secretary of State for the Home Department (respondent) [2020] UKSC 10.’

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The 36 Group, 30th March 2020

Source: 36group.co.uk

Morrisons not liable for massive staff data leak, court rules – The Guardian

Posted April 2nd, 2020 in appeals, compensation, data protection, disclosure, news, Supreme Court, vicarious liability by sally

‘The UK’s highest court has ruled that Morrisons should not be held liable for the criminal act of an employee with a grudge who leaked the payroll data of about 100,000 members of staff.’

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The Guardian, 1st April 2020

Source: www.theguardian.com

Government acted unlawfully in sharing information that could lead to death penalty, rules UK Supreme Court – Garden Court Chambers

Posted April 1st, 2020 in appeals, chambers articles, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, news, Supreme Court by sally

‘The UK Supreme Court today ruled that the British Government acted unlawfully in a case where it departed from the UK’s longstanding policy on opposing the death penalty in all circumstances.’

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Garden Court Chambers, 25th March 2020

Source: www.gardencourtchambers.co.uk

Substantial compliance just won’t do: Supreme Court on international data transfers under DPA Part 3 – Panopticon

Posted March 30th, 2020 in appeals, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, news, Supreme Court by sally

‘Foreign fighters. Law enforcement cooperation with the US. The death penalty. A seven judge bench in the Supreme Court. Despite showing all the signs of a landmark public law decision, Elgizouli v Secretary of the State for the Home Department [2020] UKSC 10 was a bit of a fizzer on that front. In the end, the real meat was in the DPA 2018’s regulation of law enforcement processing and international data transfers.’

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Panopticon, 30th March 2020

Source: panopticonblog.com

Watchdog approves use of UK phone data if it helps fight coronavirus – The Guardian

Posted March 27th, 2020 in coronavirus, data protection, emergency powers, government departments, news, ombudsmen, privacy, telecommunications by sally

‘The UK’s privacy watchdog has said the government can use personal data from people’s mobile phones to track and monitor behaviour if it helps fight the spread of coronavirus.’

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The Guardian, 27th March 2020

Source: www.theguardian.com

New Judgment: Elgizouli (AP) v Secretary of State for the Home Department [2020] UKSC 10 – UKSC Blog

Posted March 26th, 2020 in appeals, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, murder, news, Supreme Court, terrorism by sally

‘The appellant’s son is alleged to have been one of a group of terrorists operating in Syria, involved in the murder of US and British citizens. The US made a mutual legal assistance request to the UK in relation to an investigation into the activities of that group. The Home Secretary requested an assurance that the information would not be used directly or indirectly in a prosecution that could lead to the imposition of the death penalty. The US refused to provide a full death penalty assurance and the Home Secretary agreed to provide information to the US without requiring any assurance. The appellant challenged the Home Secretary’s decision by way of judicial review. The questions for the Supreme Court were firstly whether it is unlawful for the Secretary of State to exercise his power to provide MLA so as to supply evidence to a foreign state that will facilitate the imposition of the death penalty in that state on the individual and secondly whether it is lawful under the Data Protection Act 2018, Part 3 for law enforcement authorities in the UK to transfer personal data to law enforcement authorities abroad for use in capital criminal proceedings.’

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UKSC Blog, 25th March 2020

Source: ukscblog.com

UK broke law over IS ‘Beatles’ by passing information to US – BBC News

Posted March 25th, 2020 in data protection, death penalty, disclosure, evidence, execution, foreign jurisdictions, government departments, judicial review, news, Supreme Court, terrorism, witnesses by sally

‘The UK acted unlawfully by passing evidence to the US that could lead to the execution of two British members of an Islamic State murder squad.’

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BBC News, 25th March 2020

Source: www.bbc.co.uk

Coronavirus and Information Law – Panopticon

Posted March 23rd, 2020 in bills, chambers articles, coronavirus, data protection, news by sally

‘Here are some initial responses to the Coronavirus pandemic from an information law perspective.’

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Panopticon, 20th March 2020

Source: panopticonblog.com

Big Data in the Post-Brexit Era – Where Oh Where Will It Be? – The 36 Group

Posted March 23rd, 2020 in brexit, chambers articles, data protection, EC law, internet, jurisdiction, news by sally

‘Joseph Dalby SC and Flavia Kenyon, barristers at 36 Commercial, examine the reasons and implications of big data and social media giants moving UK-data overseas.’

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The 36 Group, 4th March 2020

Source: 36group.co.uk

Information watchdog warns of dangers of school photos and wrongful disclosure of personal data – Local Government Lawyer

Posted March 11th, 2020 in children, codes of practice, consent, data protection, disclosure, news, ombudsmen, privacy, school children by tracey

‘The Information Commissioner’s Office has issued two reprimands, or legal warnings, to schools for wrongly disclosing the personal data of children.’

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Local Government Lawyer, 11th March 2020

Source: www.localgovernmentlawyer.co.uk

‘Astonishing breakthrough’: Munby hails access to family justice data – Law Society’s Gazette

Posted March 5th, 2020 in anonymity, data protection, family courts, news by tracey

‘A national support service representing children in family court cases has opened up its data to researchers as part of wider efforts to understand how well the family justice system is working. Cafcass has transferred its file data to the Secure Anonymised Information Linkage (SAIL) Databank, which is based at the University of Swansea. Cafcass said the move was part of a strategy to exchange knowledge and learning with key partners such as the Nuffield Family Justice Observatory, set up by the Nuffield Foundation to improve the use of data and research in the family justice system.’

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Law Society's Gazette, 3rd March 2020

Source: www.lawgazette.co.uk

Strasbourg Court rules against UK on police retention of data – UK Human Rights Blog

Posted February 27th, 2020 in criminal records, data protection, DNA, human rights, news by tracey

‘Can the police indefinitely retain an individual’s DNA profile, fingerprints and photograph after they have been convicted? That was the question before the European Court of Human Rights (ECtHR) in Gaughran v UK (no. 45245/15, ECHR 2020). This judgment — which was given for the applicant — is of interest both on the merits and as an example of the way the Court continues to approach issues of this kind.’

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UK Human Rights Blog, 26th February 2020

Source: ukhumanrightsblog.com

‘Cover-up’: DWP destroyed reports into people who killed themselves after benefits were stopped – The Independent

Posted February 27th, 2020 in benefits, data protection, government departments, news, suicide by tracey

‘The Department for Work and Pensions has been accused of “a cover-up” after destroying reports into suicides linked to benefits being stopped. Around 50 reviews into deaths following the loss of social security payments before 2015 have been shredded, officials have admitted – blaming data protection laws.’

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The Independent, 26th February 2020

Source: www.independent.co.uk