Government reveals plans for post-Brexit data regime

September 17th, 2021 by 11KBW Blogs

In the last few days, the UK government has begun a public consultation on its plan to reform data protection legislation in the wake of Brexit entitled Data: A new direction. It says the aim is to create a more “pro-growth and pro-innovation” regime to achieve what the (now former) DCMS Secretary Oliver Dowden dubbed a “data dividend” for the British economy.

As regular Panopticon readers will know, the UK’s data protection regime has principally been driven by the EU framework – most recently in the form of the GDPR. Following the end of the Brexit transition period from January 2021, the GDPR (which during the UK’s membership of the EU had direct effect) was transposed into domestic law with minor changes. This means there is now the ‘EU GDPR’, in force across the 27 Member States, and the ‘UK GDPR’ which is applicable in the UK.

Even before the UK GDPR came into force in January 2021, however, the government had stated its intention to diverge from EU data protection law as part of its National Data Strategy, at least to some extent. These proposals are the first concrete step in that direction. Read more »

 

Webinar: Data Litigation & Regulation – How do the UK and US compare? – NEW DATE

September 6th, 2021 by kateh

The date for the Data litigation & regulation – how do the UK and US compare? webinar has changed. It will no longer take place on 13 September 2021 and instead will take place on 22 September 2021, 15:00-16:00.

If you were registered for the 13 September 2021 date. You will automatically still be registered and will receive an email from Zoom with the update.

If you weren’t previously registered and would like to, please email RSVP@11kbw.com

 

New CJEU judgment on intermediary liability

August 31st, 2021 by Anya Proops QC

The UK Government’s recent introduction of an Online Safety Bill has raised afresh the important question of the extent to which online intermediaries can and should be required to curate and police the content that they host or index online. The Bill itself is controversial. Not least there are serious questions as to whether, as currently framed, it will: (a) require intermediaries to meet excessively burdensome standards (b) subject Ofcom (the proposed regulator in respect of the relevant online safety duties) to regulatory obligations which are themselves Augean in nature and further (c) fundamentally undermine the free speech rights which the Bill itself recognises are foundational to a modern digital democracy. In other words, there is a serious question as to whether this is a Bill that will do more harm than good. It is against that backdrop that we should turn to consider the recent judgment of the CJEU in the case of Peterson v Google LLC C-682/18 and C-683/18. The Peterson case is a copyright case, and so its relevance to the readers of this blog is not immediately discernible. However, it is a case worth considering particularly in view of what it says about the protections afforded to online intermediaries, and particularly hosting platforms, by the E-Commerce Directive. Read more »

 

11KBW shortlisted for 6 awards in the Chambers Bar Awards 2021

August 27th, 2021 by Claire Halas

We are very pleased to announce that we have been nominated for the following awards:

Media, Defamation, Privacy and Data Protection Set of the Year

Media, Defamation, Privacy and Data Protection Silk of the Year – Anya Proops QC

Employment Junior of the Year – Judy Stone

Human Rights and Public Law Set of the Year

Human Rights and Public Law Silk of the Year – Jason Coppel QC

Human Rights and Public Law Junior of the Year – Christopher Knight

Winners will be announced at the awards ceremony on 18 November at Old Billingsgate, London.

 

Government identifies preferred candidate for Information Commissioner

August 26th, 2021 by Anya Proops QC

Hot off the press: the Government has announced that John Edwards, currently New Zealand’s Privacy Commissioner, is its preferred candidate to take over from Elizabeth Denham as Information Commissioner later on this year – see here. Mr Edwards will now appear before MPs on the DCMS select committee for pre-appointment scrutiny on 9 September. Following the scrutiny process, a recommendation will be made to the Queen by the Secretary of State for DCMS, acting through the Prime Minister. Elizabeth Denham has issued a statement in which she warmly supports Mr Edwards appointment, saying he ‘would bring extraordinary breadth, leadership and credibility to this role’ – see here.

Anya Proops QC

 

Important new High Court judgment on data breach litigation

July 30th, 2021 by Robin Hopkins

The High Court (Saini J) has today handed down judgment in Warren v DSG Retail Ltd [2021] EWHC 2168 (QB) (available here: Warren v DSG judgment). It is pithy and important stuff for data protection litigation, especially as regards accidental data breaches and the recoverability of ATE premiums. Read more »