Substance Abuse: Section 166 Applications and the End of the Road

November 25th, 2021 by Christopher Knight

One of the conspicuous failures of the DPA 2018 has been the right to apply to the Tribunal under s166 for an order that the ICO progress a complaint made to it. Data subjects assume that this allows them to ask the Tribunal to overturn how the ICO has resolved their complaint. They perhaps not unreasonably assume the process would be of limited value if it were limited to the sort of procedural steps set out in s166(1), and they are instead left having to sue the controller under ss167-169. Some very well-regarded commentators have expressed the view that s166 ought to be interpreted more generously. They may think all of those things. But they would think wrong. Read more »

 

Personal Data and Identifiability

November 24th, 2021 by Christopher Knight

It is a common problem encountered by data controllers that a dataset is in principle anonymous, but where the numbers within that dataset are sufficiently small, the individual data subject(s) to which they relate may be identifiable, particularly when taken with other publicly available information. Datasets released often refuse to provide the specific number where it is below five for that reason. In NHS Business Authority v Information Commissioner & Spivack [2021] UKUT 192 (AAC), the Upper Tribunal reviewed and revisited that issue. Read more »

 

It’s not all about the Supreme Court: don’t forget the little people

November 22nd, 2021 by Julian Blake

There has been much talk about the recent Supreme Court decision in Lloyd v Google (see Rupert’s excellent summary here). While great minds have been focusing on the learning from their Lordships, there have also been some recent data protection nuggets from lower down the chain that are worthy of some consideration.

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Anya Proops QC wins Media, Defamation, Privacy and Data Protection Silk of the Year at the Chambers Bar Awards 2021

November 19th, 2021 by 11KBW Blogs

We are thrilled to announce that Anya Proops QC  was a winner at the Chambers Bar Awards held on the 18th of November.  The awards are based on Chambers’ research for the 2022 edition of Chambers Bar and reflect notable achievements over the past 12 months including outstanding work, impressive strategic growth and excellence in client service. We would particularly like to thank all of our clients for their continued loyalty and support and we are delighted to share these awards with you.

 

Representation of the people: Lloyd v Google in the Supreme Court

November 10th, 2021 by Rupert Paines

This morning, the Supreme Court handed down judgment in Lloyd v Google LLC [2021] UKSC 50, undoubtedly one of the most important and eagerly awaited data privacy judgments to date.

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Lloyd v Google – Supreme Court judgment WEBINAR

November 4th, 2021 by Claire Halas

The Supreme Court’s judgment in Lloyd v Google is to be handed down next Wednesday. However the appeal is decided, the judgment of the Supreme Court will constitute a watershed moment in the development of the law on data protection, both within and beyond the field of data protection class actions.

11KBW’s Anya Proops QC , Christopher Knight and Rupert Paines will be giving their views of the judgment in a webinar taking place at 5pm on 16 November 2021.

You can register in advance for this webinar here: https://zoom.us/webinar/register/WN_rh_fQMwLQFqHfuhlIY_f-g

After registering, you will receive a confirmation email containing information about joining the webinar.