Innes v Information Commissioner and another – WLR Daily

Innes v Information Commissioner and another [2014] EWCA 1086; [2014] WLR (D) 358

‘Under section 11(1) of the Freedom of Information Act 2000 a claimant requesting information under section 1(1) of the 2000 Act was entitled to stipulate what software format should be used when the information sought was provided to him.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

The death of privacy – The Guardian

‘Google knows what you’re looking for. Facebook knows what you like. Sharing is the norm, and secrecy is out. But what is the psychological and cultural fallout from the end of privacy?’

Full story

The Guardian, 3rd August 2014

Source: www.guardian.co.uk

Section 11 FOIA and the Form of a Request – Panopticon

Posted August 1st, 2014 in electronic mail, freedom of information, news, school admissions by sally

‘In the usual end of term rush, the Court of Appeal has handed down judgment in Innes v Information Commissioner [2014] EWCA Civ 1086 on the provision in section 11 FOIA which allows a requestor to express a preference for communication by a particular means, so long as it is reasonably practicable to give effect to the preference. The issue in Innes was that Mr Innes had requested certain school admissions information and had sent a further email shortly afterwards asking for that information to be supplied to him in Excel format. The ICO, the FTT and the Upper Tribunal had all ruled against Mr Innes, in part relying on the Scottish decision of Glasgow City Council v Scottish Information Commissioner [2009] CSIH 73; [2010] SC 125.’

Full story

Panopticon, 1st August 2014

Source: www.panopticonblog.com

George Galloway’s ex-aide discharged over data breach – BBC News

‘A former aide to George Galloway MP who admitted obtaining personal data illegally has received a 12-month conditional discharge.’

Full story

BBC News, 31st July 2014

Source: www.bbc.co.uk

Watchdog ‘desperate’ for ministers to crack down on nuisance calls and spam texts – Daily Telegraph

Posted July 30th, 2014 in compensation, electronic mail, news, nuisance, privacy, telecommunications by sally

‘Victims of spam message companies could find it easier to win compensation under plans backed by the Information Commissioner’s Office’

Full story

Daily Telegraph, 29th July 2014

Source: www.telegraph.co.uk

Tom Hickman: Further Concerns about the DRIP Bill – UK Constitutional Law Association

‘In a blog post on Monday I expressed concerns about the lack of time for proper scrutiny of the changes to be brought in by the DRIP Bill. Towards the end of that blog I expressed puzzlement at a change to be made to the definition of “telecommunications system” in RIPA. This definition is central to the scheme of RIPA and is the basis for many of the powers therein.’

Full story

UK Constitutional Law Association, 16th July 2014

Source: www.ukconstitutionallaw.org/blog

Peers criticise government over emergency data laws – BBC News

Posted July 17th, 2014 in bills, electronic mail, interception, news, parliament, telecommunications by tracey

‘The government has come under fire in the Lords over emergency legislation giving the security services access to people’s phone and internet records.’

Full story

BBC News, 16th July 2014

Source: www.bbc.co.uk

Emergency surveillance bill clears Commons – The Guardian

‘Controversial emergency surveillance legislation has cleared the Commons after an extended sitting and angry exchanges alleging an abuse of parliament.’

Full story

The Guardian, 16th July 2014

Source: www.guardian.co.uk

Tom Hickman on the DRIP Bill: Plugging Gaps in Surveillance Laws or Authorising the Unlawful? – UK Constitutional Law Association

‘The unveiling last Thursday of a a draft bill on surveillance powers that is to be rushed through Parliament brought to mind the story of the Dutch boy who finds a hole in a dyke on his way to school and puts his finger in it to plug the leak until help arrives to shore it up. The legislation is said to be necessary to plug what the Government regards as holes in the regime of surveillance and investigatory powers pending a full review. The fact that the bill is titled the Data Retention and Investigatory Powers Bill – the “DRIP” bill – may mean I am not the first person to draw the analogy. But the analogy may not be entirely apt. An examination of the DRIP Bill reveals that it is not addressing little holes in the regime but in fact profoundly important and substantial issues.’

Full text

UK Constitutional Law Association, 14th July 2014

Source: www.ukconstitutionallaw.org/blog

Emergency data retention law could fail same tests as the existing law – OUT-LAW.com

Posted July 15th, 2014 in bills, EC law, electronic mail, news, telecommunications by tracey

‘FOCUS: The new law proposed by the UK government to ensure that telecoms companies keep communications data for a year could be challenged in the same way as the court-revoked law it is replacing.’

Full story

OUT-LAW.com, 15th July 2014

Source: www.out-law.com

NSA surveillance data: UK access to information faces legal challenge – The Guardian

‘The biggest domestic legal challenge to UK intelligence agencies accessing the mass data harvested by the US National Security Agency (NSA) begins on Monday, and may be one reason behind the government’s decision to introduce emergency surveillance laws into parliament next week, campaigners have suggested.’

Full story

The Guardian, 11th July 2014

Source: www.guardian.co.uk

Tribunal to hear legal challenge to GCHQ surveillance claims – BBC News

‘A tribunal is to hear a legal challenge by civil liberty groups against the alleged use of mass surveillance programmes by UK intelligence services.’

Full story

BBC News, 14th July 2014

Source: www.bbc.co.uk

Theresa May pushes for greater surveillance powers – BBC News

Posted June 25th, 2014 in electronic mail, intelligence services, internet, news, police by sally

‘Theresa May is continuing to push for a change in the law to give police and security services the power to access email and social media.’

Full story

BBC News, 25th June 2014

Source: www.bbc.co.uk

Victory for Spamalot – Niebel in the Upper Tribunal – Panopticon

‘The spamming industry is a decidedly irritating but sadly almost unavoidable feature of our networked world. There is no question but that spamming (i.e. the sending of unsolicited direct marketing electronic communications) constitutes an unlawful invasion of our privacy (see further regs 22-23 of the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) (PECR), implemented under EU Directive 2002/21/EC). The question is what can be done to stop it, particularly given that individual citizens will typically not want to waste their time litigating over the odd spam email or text?’

Full story

Panopticon, 19th June 2014

Source: www.panopticonblog.com

Laws on legal professional privilege “need to catch up with digital age” – Legal Futures

Posted June 3rd, 2014 in electronic mail, internet, legal profession, news, privilege, reports by sally

‘National laws on protecting privileged legal communications are outdated and need to be brought into the digital age, according to the body representing Europe’s lawyers.’

Full story

Legal Futures, 2nd June 2014

Source: www.legalfutures.co.uk

Documents remained privileged when they were sent on to third party’s work email address, High Court rules – OUT-LAW.com

‘Highly confidential documents that were subject to legal professional privilege (LPP) did not lose this status when they were emailed by a party to his girlfriend, who then forwarded them to and accessed them through her work email account, the High Court has ruled.’

Full story

OUT-LAW.com, 28th April 2014

Source: www.out-law.com

Greenclose Ltd v National Westminster Bank plc – WLR Daily

Greenclose Ltd v National Westminster Bank plc: [2014] EWHC 1156 (Ch);   [2014] WLR (D)  173

‘The terms of section 12(a) of the International Swaps and Derivatives Association (“ISDA”) Master Agreement (Multi Currency-Cross Border Form) (1992 ed) were mandatory and any notice purportedly served pursuant to those provisions had to have been given by the means therein prescribed, and by reference to and in accordance with the contact information provided in part 4 of the schedule to the agreement, subject to any amendment properly notified pursuant to section 12(b). If the schedule did not provide certain information necessary for service by a prescribed method, the contract was to be construed as limiting the prescribed methods to those expressly permitted by the schedule unless and until the missing information was notified under section 12(b) or the contract was formally amended.’

WLR Daily, 14th April 2014

Source: www.iclr.co.uk

Don’t email in capital letters, court tells ‘insensitive’ father in custody dispute – Daily Telegraph

Posted April 15th, 2014 in contact orders, electronic mail, news, parental rights by tracey

‘An “insensitive” father banned by the courts from seeing his children has been warned by a judge not to type his emails to them in capitals – because it looks like he is shouting.’

Full story

Daily Telegraph, 14th April 2014

Source: www.telegraph.co.uk

Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources and others (Irish Human Rights Commission intervening); In re Kärntner Landesregierung and others – WLR Daily

Posted April 14th, 2014 in data protection, EC law, electronic mail, law reports by sally

Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources and others (Irish Human Rights Commission intervening); In re Kärntner Landesregierung and others (Joined Cases C-293/12 and C-594/12); [2014] WLR (D) 164

‘Parliament and Council Directive 2006/24/EC of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC was invalid.’

WLR Daily, 8th April 2014

Source: www.iclr.co.uk

Plastic surgeon’s career in tatters after transsexual patient falsely claims he botched ear operation – Daily Telegraph

Posted March 12th, 2014 in compensation, cosmetic surgery, electronic mail, harassment, news by tracey

‘A plastic surgeon who brought liposuction to UK had his career almost ruined due to false claims by a transsexual who claimed he botched his ear operation. Dr Brian Mayou, founder of the Cadogan Clinic, 120 Sloane Street, Belgravia, became the target of a one-man campaign of abusive emails, calls, texts and online postings claiming he was a paedophile.’

Full story

Daily Telegraph, 12th March 2014

Source: www.telegraph.co.uk