Ex-Labour staffer goes to court to try to identify leaker of antisemitism report – The Guardian

‘A former senior Labour staffer has taken the party to court in an attempt to force it to disclose the identity of the leaker of a report on antisemitism in the party that contained hundreds of private WhatsApp messages.’

Full Story

The Guardian, 22nd February 2021

Source: www.theguardian.com

DWP uses excessive surveillance on suspected fraudsters, report finds – The Guardian

‘Suspected benefit fraudsters in the UK are being subjected to excessive surveillance techniques such as being tailed by government officers or identified in CCTV footage, according to a report.’

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The Guardian, 14th February 2021

Source: www.theguardian.com

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.’

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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”.’

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The Guardian, 11th February 2021

Source: www.theguardian.com

Case Preview: R (on the application of A) v Secretary of State for the Home Department – UKSC Blog

‘On 10 February, the Supreme Court will hear the appeal in R (A) v SSHD. The case concerns the legality of guidance issued under the Multi Agency Public Protection Arrangements (“MAPPA”).’

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UKSC Blog, 8th February 2021

Source: ukscblog.com

Requirement for all parole hearings to be held in private to be relaxed – Ministry of Justice

Posted February 9th, 2021 in parole, press releases, privacy, private hearings, victims by tracey

‘The rule which currently requires all parole hearings to be held in private will be relaxed as part of the government’s efforts to increase public confidence in the process.’

Full press release

Ministry of Justice, 8th February 2021

Source: www.gov.uk/government/organisations/ministry-of-justice

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

UK regulator to write to WhatsApp over Facebook data sharing – The Guardian

Posted January 27th, 2021 in data protection, internet, news, privacy, select committees by sally

‘The UK’s data regulator is writing to WhatsApp to demand that the chat app does not hand user data to Facebook, as millions worldwide continue to sign up for alternatives such as Signal and Telegram to avoid forthcoming changes to its terms of service.’

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The Guardian, 26th January 2021

Source: www.theguardian.com

Data-sharing safeguards: no ‘micro-managing’ – Panopticon

Posted January 26th, 2021 in data protection, EC law, news, police, privacy, young persons by sally

‘Data-sharing arrangements between one controller and another proliferate across all sorts of processing contexts, aimed at all sorts of purposes. If those arrangements are to comply with the GDPR and/or DPA 2018, they need to be structured so as to ensure that the data-sharing satisfies the data protection principles. This includes having “appropriate technical and organisational measures” in place. So far, so clear. But how do you assess whether your measures are “appropriate”? And if push comes to shove, how will a court approach that assessment?’

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Panopticon, 25th January 2021

Source: panopticonblog.com

Police force wins appeal over sharing of information about teenager with local crime reduction partnership – Local Government Lawyer

Posted January 22nd, 2021 in appeals, data protection, disclosure, judicial review, news, police, privacy, young persons by sally

‘A teenager has failed in a judicial review of how information on her was shared between Sussex Police and the Brighton & Hove Business Crime Reduction Partnership.’

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Local Government Lawyer, 21st January 2021

Source: www.localgovernmentlawyer.co.uk

High Court grants girl anonymity in TikTok representative action – Litigation Futures

Posted January 8th, 2021 in anonymity, children, damages, data protection, internet, news, privacy by tracey

‘A High Court judge has granted anonymity to a 12-year-old girl, allowing the Children’s Commissioner, as her litigation friend, to bring a breach of privacy action against social media platform TikTok.’

Full Story

Litigation Futures, 7th January 2021

Source: www.litigationfutures.com

Unnecessary Private Law Applications – a warning shot from the judiciary – Family Law Week

‘Marie Crawford, barrister of Becket Chambers, reflects on a recent children law judgment and its implications for parties and practitioners.’

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Family Law Week, 16th December 2020

Source: www.familylawweek.co.uk

High Court refuses to strike out solicitor’s surveillance harassment claim – Legal Futures

‘The High Court has refused to strike out claims of harassment brought by a solicitor and his wife over surveillance of them carried out at the instruction of a former client.’

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Legal Futures, 30th November 2020

Source: www.legalfutures.co.uk

‘Antiquated process’: data regulator on obtaining Cambridge Analytica warrant – The Guardian

Posted November 25th, 2020 in auditors, data protection, fines, internet, news, privacy, select committees, warrants by sally

‘The information commissioner has criticised the “antiquated process” that led to Facebook getting hold of Cambridge Analytica’s servers before the UK regulator itself, and renewed calls for an international approach to data privacy to tackle the emerging threat of data havens.’

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The Guardian, 24th November 2020

Source: www.theguardian.com

How Your Boss Could Be Spying On You At Home – And What Your Rights Are – Each Other

‘There are reports of bosses in some parts of the world downloading programs which screenshot their staffs’ computers at regular intervals to monitor their productivity.’

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Each Other, 19th November 2020

Source: eachother.org.uk

Land-use Conflict – Supreme Court Rules on the Discharge of Restrictive Covenants: Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 – 39 Essex Chambers

‘The appeal in Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 was the first time that either the Supreme Court or the House of Lords had considered the Upper Tribunal’s power to discharge or modify restrictive covenants affecting land under section 84 of the Law of Property Act 1925. The case confirms important principles affecting the interplay between private law property rights, planning and land use. Lord Burrows, giving the only substantive judgment of the Supreme Court, agreed with the Court of Appeal that the Upper Tribunal’s decision was wrong, but disagreed in a number of important respects with the speech of Sales LJ (as he then was) in the Court of Appeal ([2018] EWCA Civ 2679). For a number of reasons, it is likely that we shall be reading and re-reading this Supreme Court decision for many years to come.’

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39 Essex Chambers, 9th November 2020

Source: www.39essex.com

Vigilante justice: is evidence obtained by ‘paedophile hunter’ groups admissible in criminal proceedings? – 2 Hare Court

‘On 15 July 2020 the Supreme Court handed down its findings in Sutherland (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland) [2020] UKSC 32.’

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2 Hare Court, 2nd November 2020

Source: www.2harecourt.com

UK lawyers uneasy about plan to prosecute hate speech at home – The Guardian

Posted November 5th, 2020 in freedom of expression, hate crime, Law Commission, news, privacy, prosecutions by tracey

‘Proposals to prosecute individuals for hate crimes based on what they discuss in their own homes need to be more widely debated, free speech organisations have said.’

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The Guardian, 4th November 2020

Source: www.theguardian.com

Individual privacy versus national security: where is the line? – Lamb Chambers

‘Oscar Davies discusses the recent Privacy International case and its wider implications, in which the CJEU held that UK law went too far in permitting “general and indiscriminate” access of bulk communications data to MI5, MI6 and GCHQ.’

Full Story

Lamb Chambers, October 2020

Source: www.lambchambers.co.uk

Appealing an arbitration award – Transparency Project

‘The question the court had to decide recently was what was the test to be applied by the court in those cases where the parties had agreed to arbitration, but one party was dissatisfied with the award?’

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Transparency Project, 26th October 2020

Source: www.transparencyproject.org.uk