As we all know, the GDPR is all about the harmonisation of data protection across Europe – hence its form as a regulation (directly effective) rather than a directive (domestic implementing legislation needed). Yes, but: the GDPR leaves an awful lot to member states to implement. For example: exemptions to data subjects’ rights, mechanisms for reconciling data protection and freedom of expression, and the machinery of enforcement by supervisory authorities. Until we have domestic implementing legislation, we can’t fully understand how data protection will work after 25 May 2018. Continue reading →

As the GDPR hurtles towards us, our picture of how it will play out in practice gradually becomes clearer, aided by case studies of practices elsewhere, and guidance from regulators such as the ICO. Here are some observations on two important aspects of life under the GDPR. Continue reading →

So, data protection fans, what do you think of this?

“… data protection laws reach into and are employed in rather surprising circumstances. It generates, not just for the uninformed bystander, a certain intellectual unease as to the reasonable use and function of data protection rules.” Continue reading →

Suppose you publish a statement about me to which I object. Can I sue you for both defamation and data protection breaches based on the same set of facts? Or should that sort of ‘doubling up’ be prohibited as a disproportionate attempt to achieve the same objective in different ways? Continue reading →

FOIA remains a potent tool for enhancing transparency on issues of great public importance. Two recent decisions – concerning the Chilcot Inquiry and the post-prime ministerial activities of Tony Blair – are good current illustrations. Continue reading →

Is it plausible that information over a century old could be withheld under FOIA on the grounds of national security and/or endangerment of health and safety? The answer is evidently ‘yes’. That was the outcome of a request for information on informants in the Jack the Ripper investigations (see Marriott v IC EA/2010/0183). A request for information on police informants involved in Irish secret societies over the period 1890-1910 has met the same outcome. Continue reading →