UK guide on data transfer codes and certification anticipated – OUT-LAW.com

Posted June 3rd, 2021 in codes of practice, data protection, EC law, news by sally

‘New guidance on how businesses might use codes of conduct and certification schemes to demonstrate their compliance with rules governing international data transfers could be issued by the UK’s data protection authority in a matter of weeks, Out-Law has learned.’

Full Story

OUT-LAW.com, 2nd June 2021

Source: www.pinsentmasons.com

EU citizens win right to access personal data held by Home Office – The Guardian

Posted May 28th, 2021 in appeals, data protection, EC law, government departments, immigration, news by tracey

‘EU citizens have won the right to get full access to records about them held by the Home Office or any other body after a legal battle by campaigners. Three judges at the court of appeal unanimously overturned an earlier high court decision that their case had no legal merit and ruled the Data Protection Act 2018 (DPA) unlawfully denied them access to their data through an “immigration exemption” clause.’

Full Story

The Guardian, 26th May 2021

Source: www.theguardian.com

GCHQ’s mass data interception violated right to privacy, court rules – The Guardian

‘The UK spy agency GCHQ’s methods for bulk interception of online communications violated the right to privacy and the regime for collection of data was unlawful, the grand chamber of the European court of human rights has ruled.’

Full Story

The Guardian, 25th May 2021

Source: www.theguardian.com

Retention of data on alleged rapist lawful despite acquittal in criminal proceedings – UK Human Rights Blog

‘YZ, R (on the application of) v Chief Constable of South Wales Police (Rev 1) [2021] EWHC 1060 (30 April 2021). The claimant YZ had been acquitted on three counts raping his former wife but details concerning these matters remain on the Police National Computer (PNC). These proceedings concerned whether such retention was lawful.’

Full Story

UK Human Rights Blog, 21st May 2021

Source: ukhumanrightsblog.com

UK Immigration Rough Sleeper Rule – Family Law

‘The UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s permission to remain within the UK.’

Full Story

Family Law, 11th May 2021

Source: www.familylaw.co.uk

Case Preview: Lloyd v Google LLC – UKSC Blog

‘In this post, Kenny Henderson and Alex Askew of CMS preview the appeal being heard over the next two days in the matter of Lloyd v Google LLC, which concerns a claim alleging that the appellant (“Google”) breached its duties as a data controller to over 4m Apple iPhone users during a period of some months in 2011- 2012, when Google was able to collect and use their browser generated information.’

Full Story

UKSC Blog, 28th April 2021

Source: ukscblog.com

TikTok sued for billions over use of children’s data – BBC News

Posted April 21st, 2021 in children, class actions, compensation, damages, data protection, internet, news, privacy by tracey

‘TikTok is facing a legal challenge from former children’s commissioner for England Anne Longfield over how it collects and uses children’s data.’

Full Story

BBC News, 21st April 2021

Source: www.bbc.co.uk

The challenges with data and AI in UK financial services – OUT-LAW.com

‘Financial services businesses should review the way they procure, manage and use data, and consider whether specific new processes need to be developed, to implement artificial intelligence (AI) systems in a way that customers trust, is effective and meets legal and regulatory standards.’

Full Story

OUT-LAW.com, 14th April 2021

Source: www.pinsentmasons.com

Belly Mujinga: family still seeking justice one year after Covid death – The Guardian

Posted April 6th, 2021 in anonymity, assault, coronavirus, data protection, news, private prosecutions by sally

‘The family of Belly Mujinga, a London transport worker who died with Covid-19 after allegedly being spat and coughed at while on duty, have called for police to disclose the suspect’s name.’

Full Story

The Guardian, 5th April 2021

Source: www.theguardian.com

Brexit: UK lost ‘significant’ access to EU policing data under deal, report warns – BBC News

Posted March 26th, 2021 in brexit, data protection, news, police by tracey

‘Britain has lost “significant” access to EU policing data under the Brexit deal negotiated at the end of last year, a House of Lords report has said. It also concluded that post-Brexit law enforcement arrangements are “complex” and “untested”.’

Full Story

BBC News, 26th March 2021

Source: www.bbc.co.uk

The jurisdictional challenge of internet regulation – OUP Blog

Posted March 24th, 2021 in data protection, international law, internet, jurisdiction, news, privacy by sally

‘We live in an increasingly automated, data-driven world where choices and decisions are made for us, and sometimes, against us, and in which we are being subconsciously manipulated, based on the data trail we leave behind us. As a consequence, increasingly humanity is losing agency in favour of globally operating technology and media companies, who are building empires based on big data, data mining, and artificial intelligence. Their wealth and power stems from targeted advertising, but increasingly rests on the wealth of data and profiles of individuals which can be packaged and re-packaged to be sold to the highest bidder. The data collected is not just used for advertising, but also for surveillance, differential pricing, influencing elections, targeted misinformation, predicting sentiments in investment markets, and selling the data for managing corporate risk to the detriment of the consumer, particularly in respect of credit and insurance. Likewise, cybercrime uses techniques of profiling and exploitation of the vulnerable. The global data-driven economy is wide-ranging, has many benefits, but equally, high risks.’

Full Story

OUP Blog, 24th March 2021

Source: blog.oup.com

UK to depart from GDPR – Law Society’s Gazette

Posted March 8th, 2021 in brexit, data protection, EC law, government departments, news, privacy by tracey

‘The government has sent a first signal of its intention for UK data protection laws to part company with the EU’s General Data Protection Regulation. In a Financial Times article last week, culture secretary Oliver Dowden said he would use the appointment of a new information commissioner to focus not just on privacy but on the use of data for “economic and social goals”.’

Full Story

Law Society's Gazette, 8th March 2021

Source: www.lawgazette.co.uk

European Commission approval for the ‘adequacy’ status of our data protection laws has been welcomed by the government. But is the UK making the wrong choice of regimes? – Law Society’s Gazette

Posted February 22nd, 2021 in brexit, data protection, EC law, news by tracey

‘Last week’s news that the European Commission is to approve the treasured ‘adequacy’ status of UK data protection laws came as a relief to much of the legal sector. Apart from allowing businesses to continue sharing personal data across the EU when the current bridging agreement expires in June, adequacy status also helps with law enforcement and other matters where cross-border co-operation is vital.’

Full Story

Law Society's Gazette, 22nd February 2021

Source: www.lawgazette.co.uk

Markle judgment warns against ‘Micawber’ tactics – Law Society’s Gazette

‘The High Court has sounded a new warning about “Micawber tactics” in a summary judgment in the high-profile action brought by the Duchess of Sussex (Meghan Markle) against the Mail newspaper. Lord Justice Warby, sitting as a judge in the Chancery Division, found that the duchess had a reasonable expectation of privacy when she wrote a personal letter to her father, even though she feared it might be leaked to the press.’

Full Story

Law Society's Gazette, 12th February 2021

Source: www.lawgazette.co.uk

Meghan wins privacy case against Mail on Sunday – The Guardian

Posted February 12th, 2021 in copyright, damages, data protection, media, news, privacy, royal family by tracey

‘The Duchess of Sussex has won her high court privacy case against the Mail on Sunday, hailing her victory as a “comprehensive win” over the newspaper’s “illegal and dehumanising practices”.’

Full Story

The Guardian, 11th February 2021

Source: www.theguardian.com

Defendants no longer required to state nationality at the start of criminal cases – UK Human Rights Blog

Posted February 10th, 2021 in case management, criminal procedure, data protection, human rights, news by sally

‘On 8 February 2020, small but significant changes were made to the Part 3 (Case Management) of the Criminal Procedure Rules and Practice Directions 2020 (“CrimPR”). These changes remove the requirement that defendants in criminal trials provide their nationality to the court at preliminary hearings. The question is now to be asked only where a court passes an immediate or suspended custodial sentence.’

Full Story

UK Human Rights Blog, 9th February 2021

Source: ukhumanrightsblog.com

£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.’

Full Story

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.’

Full Story

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.’

Full Story

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 tracey

‘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.’

Full Story

UK Police Law Blog, 28th January 2021

Source: ukpolicelawblog.com