What powers does “take such action as is necessary to enforce” give to police officers? – UK Police Law Blog

‘The powers in the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 allow a constable to “take such action as is necessary to enforce a premises closure or restriction”. The powers in theCoronavirus Act 2020, schedule 22 (formerly schedule 21 in the Bill) are to enforce a restriction or prohibition on gatherings or events and to close and restrict access to premises during a public health response period. Again, it will allow a constable to “take such action as is necessary to enforce such a restriction, prohibition or closure”. But what does the phrase, “take such action as is necessary to enforce …” mean?’

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UK Police Law Blog, 25th March 2020

Source: ukpolicelawblog.com

Fearn & Ors v Board of Trustees of the Tate Gallery [2020] EWCA Civ 104 – Tanfield Chambers

Posted March 17th, 2020 in human rights, news, nuisance, privacy by sally

‘There was no cause of action that existed in respect of a private nuisance for overlooking. The instant case was more akin to an invasion of privacy rather than nuisance, and Parliament should be the body to legislate that area rather than the Courts.’

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Tanfield Chambers, 25th February 2020

Source: www.tanfieldchambers.co.uk

Question of Incompatibility – Deprivation of Children’s Liberty Without Court Order? – Family Law Week

Posted March 13th, 2020 in care homes, care orders, children, families, human rights, news, privacy by tracey

‘Helen Crowell, Pupil Barrister and Shaun Spencer, Barrister, of St Johns Buildings discuss Deprivation of Liberty and the Children’s Home Regulations 2015.’

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Family Law Week, 12th March 2020

Source: www.familylawweek.co.uk

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

‘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

People cannot define themselves as gender neutral on passports, court rules – The Independent

Posted March 10th, 2020 in gender, news, passports, privacy by tracey

‘A campaigner who wants passports to include a category for those who do not identify as male or female has lost a Court of Appeal challenge over gender neutral passports.’

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The Independent, 10th March 2020

Source: www.independent.co.uk

Environmental Law News Update – Six Pump Court

Posted February 26th, 2020 in chambers articles, environmental protection, housing, news, nuisance, privacy, waste, water by sally

‘In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall and Natasha Hausdorff consider recent flooding events in the UK, the Tate Gallery viewing platform case and the rise in fly-tipping and organised crime.’

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Six Pump Court, 19th February 2020

Source: www.6pumpcourt.co.uk

Let’s face it: use of automated facial recognition technology by the police – UK Police Law Blog

‘The case of R (Bridges) v Chief Constable of South Wales Police & Information Commissioner [2019] EWHC 2341 (Admin); [2020] 1 WLR 672 is said to have been the first claim brought before a court anywhere on planet earth concerning the use by police of automated facial recognition (“AFR”) technology. There could be nothing wrong with posting scores of police officers with eidetic memories to look out for up to a 800 wanted persons at public gatherings. So why not use a powerful computer, capable of matching 50 faces a second with a database of (under) 800 suspects, to do this job much more cheaply and instantaneously, flagging any matches to a human operator for final assessment? According to the Divisional Court in Bridges, this may, depending on the facts of each particular deployment, be lawful.’

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UK Police Law Blog, 21st February 2020

Source: ukpolicelawblog.com

‘Misconceived’: ECtHR chief hits back at Sumption over rights – Law Society’s Gazette

Posted February 24th, 2020 in families, human rights, judiciary, news, parliament, privacy, rule of law by sally

‘Now is a dangerous time to roll back judicial power, the vice president of the European Court of Human Rights has said in a public rebuff to Lord Sumption’s high profile criticism of ‘law’s expanding empire’.’

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Law Society's Gazette, 22nd February 2020

Source: www.lawgazette.co.uk

What are the rules on workplace surveillance? – BBC News

Posted February 21st, 2020 in computer programs, data protection, employment, human rights, news, privacy, spying by sally

‘Barclays has faced a backlash after it piloted a system that tracked the time employees spent at their desks. The company has since scrapped the system – but how common is workplace surveillance and what lengths are employers allowed to go to monitor their staff?‘

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BBC News, 20th February 2020

Source: www.bbc.co.uk

The Overlooked – Nearly Legal

Posted February 20th, 2020 in appeals, news, nuisance, privacy by sally

‘This is the latest round of what is becoming the most heavily litigated stretch of air space in London, assorted leaseholders of Neo Bankside against the Tate Modern, over the overlooking of their flats (plate glass walls and all) from the viewing platform on the Tate Modern extension.’

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Nearly Legal, 19th February 2020

Source: nearlylegal.co.uk

Fearn & Ors v The Board of Trustees of the Tate Gallery – Falcon Chambers

Posted February 19th, 2020 in appeals, chambers articles, housing, human rights, news, nuisance, privacy by sally

‘The Neo Bankside development is a striking modern development designed by Richard Rogers and Partners (now Rogers Stirk Harbour + Partners). It is on the south side of the River Thames and is adjacent to the Tate Modern, Britain’s National gallery of international modern art, which is based in the former Bankside Power Station.’

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Falcon Chambers, February 2020

Source: www.falcon-chambers.com

Employment Update – Spring 2020 – Ely Chambers

‘The latest from our Employment team.’

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Ely Place, February 2020

Source: elyplace.com

Caroline’s Law: Calls For Stricter Laws Against Media Intrusion – Each Other

Posted February 18th, 2020 in human rights, media, news, privacy, suicide by sally

‘The death of TV presenter Caroline Flack has sparked calls for a stricter law to safeguard the human rights of people in the public eye.’

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Each Other, 17th February 2020

Source: eachother.org.uk

Impact on rape victims of police phone seizures to be reviewed – The Guardian

‘The impact on rape victims of police seizures of their mobile phones is to be examined as the Metropolitan police begin piloting a data inspection system designed to limit invasion of privacy.’

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The Guardian, 16th February 2020

Source: www.theguardian.com

Tate Modern privacy row residents dealt legal blow – BBC News

Posted February 13th, 2020 in appeals, injunctions, news, nuisance, privacy by tracey

‘Flat owners overlooked by Tate Modern visitors on a viewing platform have been dealt a legal blow in a row over their privacy. Residents of Neo Bankside want to stop “hundreds of thousands of visitors” watching them from the platform. But the Court of Appeal has dismissed their claim to privacy saying they should “lower their solar blinds”.’

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BBC News, 12th February 2020

Source: www.bbc.co.uk

The President’s Call For Evidence – First Thoughts – Transparency Project

‘It was last May, not long after he had dealt with journalist and TP member Louise Tickle’s successful appeal against a wrongly imposed reporting restriction order, that the President of the Family Division announced he would be holding a ‘Transparency Review’.’

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Transparency Project, 11th February 2020

Source: www.transparencyproject.org.uk

Met police deploy live facial recognition technology – The Guardian

‘The Metropolitan police have been accused of defying the warnings of its own watchdogs by beginning operational use of facial recognition CCTV, despite a scathing assessment of its effectiveness from the expert hired to scrutinise its trials.’

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The Guardian, 11th February 2020

Source: www.theguardian.com

MI5 May Be Forced To Destroy ‘Unlawfully’ Handled Personal Data – Each Other

Posted February 4th, 2020 in data protection, intelligence services, news, privacy by sally

‘Privacy groups have launched fresh legal challenge to pressure MI5 into destroying personal data which it has handled “unlawfully”.’

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Each Other, 3rd February 2020

Source: eachother.org.uk

Filming partner without their consent during sex ruled a criminal offence – The Guardian

‘Anyone who films a partner during sex without their consent is committing the criminal offence of voyeurism, the court of appeal has ruled in a case that may affect the Crown Prosecution Service’s apparent reluctance to bring charges.’

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The Guardian, 28th January 2020

Source: www.theguardian.com

Article 8 & Unfair Dismissal – January 2020 – Pallant Chambers

Posted January 28th, 2020 in human rights, news, privacy, probation, unfair dismissal by sally

‘Q v Secretary of State for Justice UKEAT/0120/19 was a recent case in which the Employment Appeal Tribunal looked at the application of the Article 8 in a conduct dismissal case.’

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Pallant Chambers, 23rd January 2020

Source: www.pallantchambers.co.uk