Obligations in relation to electronic records and devices: fresh guidance from the Court of Appeal (Criminal Division) – Park Square Barristers

‘Two otherwise unrelated cases were listed together to provide the Court of Appeal (Criminal Division), headed by the Vice – President Lord Justice Fulford, with an opportunity to consider various issues relating to the retention, inspection, copying, disclosure and deletion of the electronic records held by prosecution witnesses.’

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Park Square Barristers, 26th June 2020

Source: www.parksquarebarristers.co.uk

UK’s facial recognition technology ‘breaches privacy rights’ – The Guardian

‘Automated facial recognition technology that searches for people in public places breaches privacy rights and will “radically” alter the way Britain is policed, the court of appeal has been told.’

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The Guardian, 23rd June 2020

Source: www.theguardian.com

Police in England and Wales taking ‘excessive personal data’ from mobile phones – The Guardian

‘Police are extracting “excessive amounts of personal data” from the mobile phones of victims and witnesses during investigations and are in danger of discouraging the public from reporting crime, the Information Commissioner’s Office (ICO) has warned.’

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The Guardian, 18th June 2020

Source: www.theguardian.com

Police in England and Wales dropping rape inquiries when victims refuse to hand in phones – The Guardian

‘Rape investigations are being systematically dropped after victims refuse to hand over their mobile phones for analysis, an investigation has found.’

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The Guardian, 17th June 2020

Source: www.theguardian.com

Supreme Court to rule on Google representative action – Litigation Futures

‘The Supreme Court is to review a Court of Appeal decision to allow a £3bn representative action against Google for misuse of private data to go ahead.’

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Litigation Futures, 10th June 2020

Source: www.litigationfutures.com

Supreme Court to rule on ‘paedophile hunters’ case – BBC News

‘A convicted paedophile who was snared by a vigilante group is to have his case examined at the UK Supreme Court.’

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BBC News, 3rd June 2020

Source: www.bbc.co.uk

Privacy group prepares legal challenge to NHS test-and-trace scheme – The Guardian

‘Privacy campaigners are preparing a legal challenge to the NHS’s coronavirus test-and-trace programme as concerns grow about the amount of contact data that will be collected and retained by government.’

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The Guardian, 31st May 2020

Source: www.theguardian.com

Reasonable expectation of privacy for those under police investigation – Park Square Barristers

Posted May 29th, 2020 in misuse of private information, news, police, privacy by sally

‘This article notes the recent Court of Appeal decision in ZXC v Bloomberg LP [2020] EWCA Civ 611 and the Court’s finding that the starting point is that suspects under investigation, pre-charge, have a reasonable expectation of privacy.’

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Park Square Barristers, 26th May 2020

Source: www.parksquarebarristers.co.uk

EP 113: Tracking Coronavirus Symptoms: an erosion of privacy? – Professor Lilian Edwards – Law Pod UK

Posted May 27th, 2020 in bills, coronavirus, internet, news, podcasts, privacy, telecommunications by sally

‘With the new contact tracing app due to be rolled out in the rest of the UK after the Isle of Wight trial in May, Rosalind English discusses privacy concerns with Professor Lilian Edwards of Newcastle University, whose Bill seeks to address some of these concerns.’

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Law Pod UK, 26th May 2020

Source: audioboom.com

Suspect under investigation has reasonable expectation of privacy, CoA rules – Law Society’s Gazette

‘Individuals under investigation by law enforcement bodies have a reasonable expectation of privacy up to the point they are charged, the Court of Appeal has confirmed. Dismissing an appeal by a news agency barred from revealing the identity of a US businessman identified in documents concerning a bribery probe, the court ruled that the fact that an individual is the subject of a criminal investigation is genuinely of a different character from allegations about the conduct being investigated.’

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Law Society's Gazette, 19th May 2020

Source: www.lawgazette.co.uk

Practice – Mail’s Strikeout Application – NIPC Law

Posted May 18th, 2020 in chambers articles, copyright, damages, data protection, media, news, privacy by sally

‘This was an application by the publisher of the Mail on Sunday and the Mail Online to strike out certain allegations contained in the particulars of claim and further information of the Duchess of Sussex and later the reply in an action that she has brought against the publisher for copyright infringement, misuse of private information and infringement of her rights under the General Data Protection Regulation. The complaint arises from the newspaper’s publication of a letter from the duchess to her father on 10 Feb 2019.’

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NIPC Law, 17th May 2020

Source: nipclaw.blogspot.com

An Act for the App? Is the NHS contact app bad for your privacy? – Doughty Street Chambers

‘Following the publication last week by the Joint Committee on Human Rights of its report on the proposed NHS App and the risk of adverse effects on privacy and human rights, the Committee has drafted a Bill – the Digital Contact Tracing (Data Protection Bill) – and sent it to the Health Secretary, Matt Hancock.’

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Doughty Street Chambers, 12th May 2020

Source: insights.doughtystreet.co.uk

Contact tracing – breach of data protection? – UK Human Rights Blog

‘In the rush to lift the lockdown with safeguards, the government has given a green light to “contact tracing” via bluetooth apps on our smartphones (provided we own them and are willling to take up the app).’

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UK Human Rights Blog, 15th May 20202

Source: ukhumanrightsblog.com

ZXC v Bloomberg: privacy expectations about criminal investigations – Panopticon

‘The Court of Appeal has today given judgment in the long-running ZXC v Bloomberg litigation ([2020] EWCA Civ 611). The key points:

1. In general, a person does have a reasonable expectation of privacy about the fact that/details of their being subject to a police investigation, up to the point of charge.
2. Reporting about alleged conduct is different from reporting about a criminal investigation into that conduct.’

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Panopticon, 15th May 2020

Source: panopticonblog.com

Digital Contact Tracing Updates from the Human Rights Committee – UK Human Rights Blog

‘The Human Rights Committee, reviewing NHSX’s current digital contact tracing app architecture, has recommended that the government’s current privacy assurances are not sufficient to protect data privacy and that legislation must be passed to ensure that. This echoes Professor Lilian Edwards’ call for primary legislation to ensure privacy rights are protected. These recommendations are given special significance NHSX’s choice to adopt the controversial and arguably less secure “centralised” model.’

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UK Human Rights Blog, 11th May 2020

Source: ukhumanrightsblog.com

Scott v LGBT Foundation Ltd: When Dealing with Personal Information Falls Outside the Data Protection Regime – The 36 Group

‘In Scott v LGBT Foundation Ltd [2020] EWHC 483 (QB) the High Court held that “a verbal disclosure does not constitute the processing of personal data” under the Data Protection Act 1998 (“DPA 1998”).’

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The 36 Group, 5th May 2020

Source: 36group.co.uk

UK contact-tracing app could fall foul of privacy law, government told – The Guardian

‘The NHS contact-tracing app must not be rolled out across the UK until the government has increased privacy and data protections, an influential parliamentary committee has said, as rights groups warn that the current trial is unlawful under the Data Protection Act.’

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The Guardian, 7th May 2020

Source: www.theguardian.com

What are the data privacy considerations of Contact Tracing Apps? – UK Human Rights Blog

‘Coronavirus presents a serious threat to society, legitimising the collection of public health data under Article 9:2 (g) of GDPR regulations, which allows the processing of such data if “necessary for reasons of substantial public interest”. Some of this collection will take the form of contact tracing apps, which have been used in containing the spread of coronavirus in countries such as Singapore.’

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UK Human Rights Blog, 1st May 2020

Source: ukhumanrightsblog.com

Nyasha Weinberg: Parliament must legislate on the government’s plans for contact tracing apps – UK Constitutional Law Association

‘ 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

‘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