Newman v Southampton CC: child, mother, journalist – whose rights win out?

August 7th, 2020 by Michael White

The High Court handed down judgment on Friday in Newman v Southampton City Council & Ors [2020] EWHC 2103 (Fam), the first recorded judgment concerning journalistic access to the court file in public law family proceedings. The case is likely to be of interest to media lawyers generally, and throws up potential complications surrounding the scope and extent of the privacy rights of children vis-à-vis their parents. Read more »

 

Section 166 DPA Appeals Again

August 7th, 2020 by Christopher Knight

We previously noted on this blog the decision in Leighton v Information Commissioner (No.2) [2020] UKUT 23 (AAC), emphasising the limited procedural scope of the right to apply to the Tribunal under section 166 DPA 2018. As that was strictly a permission decision, it is worth updating readers that Judge Wikeley repeated has repeated his analysis in a substantive appeal decision in Scranage v Information Commissioner [2020] UKUT 196 (AAC): see particularly at [6], which notes and corrects the “widespread misunderstanding about the reach of section 166”. The appeal itself concerned the time limit provisions, in now historic form, and need not trouble readers unduly. But Judge Wikeley did return to the jurisdiction at the end of his judgment, querying whether the section 166 jurisdiction was working as intended, given the disproportionate resources they enveloped, along with a concern about the lack of coherence between such procedural matters being raised before the FTT and substantive issues having to be raised in the ordinary courts. Whether anyone takes up that baton remains to be seen. We fear it is not top of the legislative to-do list.

Christopher Knight

 

Brexit and International Transfers: BCRs

July 23rd, 2020 by Christopher Knight

Amidst the headlines about standard clauses post-Schrems II, there are a number of other practical issues to remember about international data transfers. In particular, if you are relying on binding corporate rules where your chosen supervisory authority is the ICO in the UK. The EDPB has published an Information Note reminding controllers that before the end of the transition period, they need to have identified and chosen a new EU supervisory authority AND to have obtained an approval decision from that new authority in respect of the BCRs before the end of the transition. So don’t delay. Supervisory authorities are not renowned for their administrative speed. Read more »

 

Defamation Trumps Data Protection? Steele Yourselves!

July 20th, 2020 by Christopher Knight

It is a common trope of media lawyers that defamation claims have been on the wane since the Defamation Act 2013, and that data protection law might be the way to fill the gap. (We at Panopticon scorn such arriviste tendencies.) And in Warby J, there is a willing champion of alignment of legal principles between defamation and data protection. He particularly emphasised the read-across in the context of complaints of inaccurate data processing in NT1 v Google LLC [2018] EWHC 799 (QB) (see here) and he has done so again in his very interesting judgment in Aven v Orbis Business Intelligence Ltd [2020] EWHC 1812 (QB). Read more »

 

Further (unhappy) thoughts on Schrems II

July 17th, 2020 by Robin Hopkins

In yesterday’s post outlining the Schrems II judgment, I said international data transfers were now in a fine mess. As I re-read the CJEU’s judgment, it occurs to me that my assessment was wrong. It is not a fine mess. It is an awful, almighty mess, it seems to me. Read more »

 

Schrems II: standard contractual clauses survive; Privacy Shield dead

July 16th, 2020 by Robin Hopkins

Well this is a fine mess. Austrian privacy campaigner Max Schrems has struck again: transfers of personal data from the EU to the US are suddenly vulnerable again, thanks to today’s CJEU judgment in Data Protection Commissioner v Facebook Ireland and Max Schrems (Case C-311/18; 16 July 2020) – the so-called Schrems II judgment. The judgment (see here: Schrems II Judgment) is complex and multi-faceted, but I’ll aim for a nutshell summary just now. Read more »