The free expression right conferred by Article 10 ECHR encompasses a right “to receive and impart information and ideas without interference by public authority”. Does this create a right to request information from a public authority, such that a refusal to disclose would constitute an interference with Article 10? Continue reading
Key points from the Bridges facial recognition appeal
September: Panopticon is scraping itself off furlough and bounding back to school. Here are two information rights from August that are worth noting, both anchored in ECHR rights.
First, readers will recall the high-profile case of R (Bridges) v Chief Constable of South Wales Police and Others. Bridges concerned a challenge on (among others) Article 8 ECHR and DP grounds to the police force’s use of automated facial recognition (AFR) as part of a pilot project aimed at spotting the faces of suspects on wanted lists among the crowds. Continue reading
My Data Went to the Caribbean. Jamaica? No, It Went of its Own Accord
You have to admire the ingenuity of lawyers. Who would have thought that the GDPR could be a tool to try and force the Home Office to allow a deported overstayer with a lengthy criminal record back into the UK to conduct an in-person appeal? Not the Court of Appeal for a start in Johnson v Secretary of State for the Home Department [2020] EWCA Civ 1032. Continue reading
Newman v Southampton CC: child, mother, journalist – whose rights win out?
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. Continue reading
Section 166 DPA Appeals Again
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
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. Continue reading