Substantial compliance just won’t do: Supreme Court on international data transfers under DPA Part 3

March 30th, 2020 by Christopher Parkin

Foreign fighters. Law enforcement cooperation with the US. The death penalty. A seven judge bench in the Supreme Court. Despite showing all the signs of a landmark public law decision, Elgizouli v Secretary of the State for the Home Department [2020] UKSC 10 was a bit of a fizzer on that front. In the end, the real meat was in the DPA 2018’s regulation of law enforcement processing and international data transfers. Read more »

 

Coronavirus and Information Law

March 20th, 2020 by Timothy Pitt-Payne QC

This week has brought unprecedented disruption to the legal system, and the whole economy.  The Panopticon team, and all of us at 11KBW, are working hard to ensure that we can continue to provide you with the level of service that you have come to expect.  Meanwhile, here are some initial responses to the Coronavirus pandemic from an information law perspective. Read more »

 

Icebergs Avoided: Navigating the s23 Case Law

March 19th, 2020 by Christopher Knight

Anyone who has had a FOIA case in the national security space will have faced the near-impossible task of trying to work out what on earth Corderoy & Ahmed v Information Commissioner & Attorney General & Cabinet Office [2017] UKUT 495 (AAC) means; a front-runner for most impenetrable Upper Tribunal decision on FOIA. Now Judge Markus QC has had a go at squaring the circle in Lownie v Information Commissioner & Foreign and Commonwealth Office & The National Archives [2020] UKUT 32 (AAC). Read more »

 

Trust(s) in the DPA: Dawson-Damer (Part the Fourth)

March 17th, 2020 by Christopher Knight

Some long-running litigation is the gift that keeps on giving. Some is Dawson-Damer v Taylor Wessing LLP [2020] EWCA Civ 352, back to the Court of Appeal for the second time and very much a case of diminishing returns. Unless you are a trusts lawyer, particularly in the Bahamas, or fascinated by filing systems. And who isn’t one of those things? Read more »

 

Section 166 DPA 2018: Leighton off the ICO?

March 13th, 2020 by Christopher Knight

Relatively unnoticed in the morass of GDPR and Data Protection Act 2018 provisions is the right under section 166 DPA 2018 to apply to the First-tier Tribunal for an order that the ICO progress a complaint which has been made to it under section 165 or Article 77 GDPR. In other words, the core aim of the provision is to deal with situations in which the ICO has taken too long to address a complaint made about, for example, compliance with a subject access request. But what is the nature of the FTT’s role? Read more »

 

Data Protection Doesn’t Do Oral Processing

March 13th, 2020 by Christopher Knight

We all sort of know that the Data Protection Act 1998 didn’t apply to stuff people say orally, don’t we? But pointing to an authority that said so is rather harder. Luckily, now we have one: Scott v LGBT Foundation Ltd [2020] EWHC 483 (QB). Read more »