Data protection in the Court of Appeal & the right to be forgotten

January 31st, 2018 by Anya Proops QC

For all those of you who are currently wading through the quagmire of GDPR compliance and are pining for some diverting news, you might like to note that the Court of Appeal will be hearing a number of important data protection appeals over the course of this year. They include appeals in the following cases:

  • DB v General Medical Council (application of mixed data provisions in s. 7 DPA) – due to be heard in March 2018,
  • TLT v Home Office (accidental online disclosure of information relating to asylum seekers) – due to be heard in April 2018 – (note, the appeal does not address the quantum of the awards made in that case but instead focuses on the question of whether compensation ought in principle to have been awarded to individuals who were not referred to by name in the disclosed spreadsheet but who were nonetheless affected by the disclosure);
  • Stunt v Associated Newspapers (challenge to the stay mechanism under s. 32 DPA) – due to be heard in June 2018 and, last but most certainly not least,
  • Various Claimants v WM Morrison Supermarket PLC (group litigation data breach case) – due to be heard by the Court of Appeal before the end of 2018.

Read more »

 

Subject access – enforcement notice issued to MOJ

January 29th, 2018 by Anya Proops QC

In case it slipped your notice in the run up to Christmas, you may like to note that on 19 December 2017, the ICO issued an enforcement notice to the Ministry of Justice in respect of its systemic failure to comply with its subject access obligations – see here. As the notice makes clear, as at 28 July 2017, MOJ had a backlog of some 919 subject access requests, some of which dated back to 2012! According to paragraph 6 of the Notice, by November 2017, there were still 793 cases over 40 days old. Of those, some 141 were received in 2015 and 357 were received in 2016. MOJ had apparently put in place a recovery plan aimed at eliminating the backlog by October 2018 but the ICO plainly thought that enforcement action was required in any event. Accordingly, it issued a notice in effect requiring (a) all of the requests referred to in paragraph 6 to be dealt with by 31 October 2018 and (b) MOJ’s internal systems to be adapted to make them fit for purpose by 31 January 2018. Read more »

 

Group litigation and territorial jurisdiction – Schrems v Facebook round 2

January 29th, 2018 by Anya Proops QC

Few readers of this blog will be unaware of the CJEU’s seminal judgment in the case of Schrems v Facebook Case C-362/14, where the Court struck down the EU Commission’s decision that the US’ safe harbour regime was adequate for data protection purposes. However, of course that was not the end of Mr Schrems’ mission to hold Facebook to account for transferring personal data obtained from within the EU into the US. Following the judgment, he went on to bring civil claims against Facebook in the Austrian courts for breaching his data protection obligations, including a claim for injunctive relief and a claim for damages (Mr Schrems is himself domiciled in Austria). More than this, he sought to act as a lightening-rod for claims brought by other individuals domiciled in foreign jurisdictions, including Germany and India. The claimants concerned assigned their claims against Facebook to Mr Schrems with a view to his leading the litigation charge against Facebook. Read more »

 

11KBW Annual Information Law Conference 2018

January 26th, 2018 by Claire Halas

Our 2018 Information law conference will be bigger and better than ever, with specialist barristers from 11KBW – the leading chambers for all aspects of Information Law – providing updates on the law and practicalities relating to data protection, privacy and freedom of information. Topics covered include:

• GDPR – the future on our doorsteps
• overview of the Data Protection Bill and proposed amendments
• data breaches – group litigation, penalties and life under the GDPR
• subject access – recent developments and the approach under the GDPR
• general privacy update – including e-privacy; e-commerce and privacy shield
• privacy and the media – recent developments and life under the GDPR
• FOIA update

What the delegates say:
“Always excellent – extremely informative and practically useful with superb speakers”
“Very good – If I could only attend one conference, it would be this one”
“Essential, well organised and informative” Read more »

 

Security bodies and legal advice: some Upper Tribunal droning

January 18th, 2018 by Robin Hopkins

The Times’ Lawyer of the Week this morning discusses an Upper Tribunal FOIA appeal brought by Rights Watch UK (for whom Daniel Carey, the Lawyer of the Week, acted pro bono), seeking disclosure of the Attorney General’s advice on drone strikes in Syria. The case was Corderoy & Ahmed v IC, AGO, Cabinet Office [2017] UKUT 495 (AAC). Whether you consider it a win, a loss or a draw (and if so for whom) will depend on which side you’re on here and, as counsel on all sides were colleagues at 11KBW, I will attempt a studied neutrality. I confess I have not found all aspects of the judgment easy to follow, but here you go. Read more »

 

Candy Crush (-es Holyoake)

December 29th, 2017 by Christopher Knight

Readers of this blog will recall an important DPA judgment, particularly on the legal professional privilege exemption, which came out in January 2017 called Holyoake v Candy & CPC [2017] EWHC 52 (QB) (see the blogpost here). That case has, however, involved various pieces of satellite litigation including a 193 page judgment of Nugee J handed down just before Christmas in Holyoake & Hotblack v Candy & Candy & others [2017] EWHC 3397 (Ch). Read more »