The Non-Disclosure and Barring Service: Victim Access to Information

April 8th, 2020 by Christopher Knight

If you believe that an individual who works with children sexually assaulted you, but was never prosecuted for that allegation, it is understandable that you might wish to know whether that person has been placed on the formal list of persons barred from engaging in regulated activity with children, run by the Disclosure and Barring Service (“DBS”). But it is also understandable why the DBS might not wish to tell you (and thereby the public at large) who is or is not barred, and even more so why the individual accused would not wish that to be revealed. Who’s rights win out? Read more »

 

First-Tier Tribunal suspends all information rights cases for 28 days

April 2nd, 2020 by Peter Lockley

By Directions dated 1 April 2020, the FTT has issued a general stay of ALL PROCEEDINGS under section 48 of the Data Protection Act 1998, section 162 of the Data Protection Act 2018 and section 57 of the Freedom of Information Act 2000, lasting 28 days from the date of the Directions. The stay will not apply to cases with specific directions issued on or after 1 April 28 days, and Parties can apply for a variation in a particular case, giving reasons and copying the Information Commissioner.

Please find the Notice here.

 

Atkinson v Equifax: representative action withdrawn

April 1st, 2020 by Anya Proops QC

Having blogged earlier today about a very happy outcome in Morrisons, I now want to share with you some important news concerning another large-scale privacy action, namely Atkinson v Equifax Ltd. Read more »

 

Morrisons triumphs in the Supreme Court

April 1st, 2020 by Anya Proops QC

As we all adjust to the strange new reality ushered in by the arrival of Covid-19, it is reassuring to see that the wheels of the justice system continue to turn, and at the highest levels. Today the Supreme Court has handed down its judgment in one of the most watched data protection and employment cases of recent years: Various Claimants v Morrisons. The judgment is a real watershed moment, and one that will doubtless bring considerable relief to employer data controllers across the land.

Read more »

 

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 »