Crucial and difficult questions continue to bedevil the litigation of data breach claims: how much (if anything) are claims worth, and how do you take forward large volumes of low-value claims arising from the same incident in ways that are cost-effective and proportionate? The recent judgment of Nicklin J in Farley and 473 others v Paymaster (1836) Limited (trading as Equiniti) [2024] EWHC 383 (KB) is a further notable development on these fronts. Continue reading
Online safety – Ofcom speaks (in a new panopticon podcast)
For those of you who are interested in all things online safety related, you may wish to note that Chambers has just released our latest Panopticon Podcast, in which I interview Jon Higham, Online Safety Policy Director at Ofcom, about Ofcom’s new regulatory role under the Online Safety Act 2023. I’m still working on capturing that perfect Mishal Husain vibe but we cover a lot of ground in the interview and Jon is a really interesting and insightful speaker, so this is definitely one to enjoy over your mid-morning coffee. You can catch the episode on Apple, Spotify, Podcast Index and Podchaser. The podcast is a companion piece to the podcast interview I recorded along with my colleague, Leo Davidson, about the OSA in November 2023. As ever, we welcome any feedback you may have about our adventures in the world of podcastland.
Anya Proops KC
11KBW Information, Technology and Media Law Conference 2024
11KBW Information, Technology and Media Law Conference 2024
Bookings are now open for our Information, Technology and Media Law Conference 2024 on Thursday 14 March. This year, our conference will be returning with a new format to incorporate the new and exciting developments in Information, Technology and Media Law.
The conference will be covering the following topics:
Morning Session – Data, Privacy & Media Law: General
- Data Privacy class actions – The picture in 2024
- Data Protection Reform & Caselaw Update
- Here’s looking at you: surveillance law & the IPT
- Media & Privacy update
Afternoon Session – Focus on the technology sector
- Key data protection cases: Clearview, TikTok and beyond
- Safety first – The Online Safety Act 2023
- Artificial intelligence – A new regulatory frontier?
Speakers are expected to include 11KBW’s Tim Pitt-Payne KC, Anya Proops KC, Julian Milford KC, Christopher Knight, Robin Hopkins, Katherine Taunton, Jamie Susskind and others.
Win a golden ticket! Panopticon Podcast Competition #2
If our new episode wasn’t enough of a Christmas present, we’re delighted to announce another chance to win a “golden ticket” to our Information Law Conference on 14 March 2024!
Hidden among Robin’s insights about collective litigation of data/privacy claims is a line of (who else?) Gene-Wilder-as-Willy-Wonka dialogue. If you recognise it, email the quotation and time-stamp to panopticon@11kbw.com by the end of next week to be entered into our prize draw. (See below for T&Cs and privacy notice.)
Congratulations in the meantime to Ian Cutting-Jones (South London and Maudsley NHS Foundation Trust) who recognised our Die Hard reference (“And when Alexander saw the breadth of his domain, he wept, for there were no more worlds to conquer”) and won our first competition! Welcome to the party, pal.
Honourable (and consensual) mentions to Paula Williamson (Partner, Privacy & Data Protection Solicitor at Excello Law, and Director of Content at Tenjin), Sadaf Anwar (Solicitor at City of London Corporation), Ben Fearnley-Sander (lawyer with the Government Legal Department) and Sam Grimley – all of whom got the correct answer but narrowly missed out on the prize.
We wish all our readers and listeners a joyful and reinvigorating festive season, and look forward to catching up in the New Year!
Delo: clarity on ICO complaints
Delo: clarity on ICO complaints
In October of this year, the Court of Appeal handed down its ruling in Delo v Information Commissioner [2023] EWCA Civ 1141 providing some helpful clarity on the Information Commissioner’s responsibilities vis-á-vis the handling of complaints lodged by data subjects.
This appeal involved two main issues:
(1) Is the Commissioner obliged to reach a definitive decision on the merits of each and every complaint or does he have a discretion to decide that some other outcome is appropriate?
(2) If the Commissioner has a discretion, did he nonetheless act unlawfully in this case by declining to investigate or declining to determine the merits of the complaint made by the claimant (“Mr Delo”)?
**Spoiler alert** The appeal was dismissed with definitive answers of no, to both (1) and (2) above.
Panopticon Podcast, Episode 2: Collective Litigation (featuring Robin Hopkins)
Panopticon Podcast, Episode 2: Collective Litigation (featuring Robin Hopkins)
All for one, or none for all? When data breaches occur, they can affect thousands of people – but it’s in no-one’s interests to try to litigate thousands of similar claims. Robin Hopkins tells Leo Davidson about the recent attempts to find a proportionate but effective approach to these claims, explains the upsides and pitfalls of the various options and gives his insights on the latest trends.
Listen and subscribe wherever you get your podcasts, whether that be Apple, Spotify, Podcast Index and Podchaser.
Make sure to check out the blog (panopticonblog.com) for details of our competition to win a free place at our flagship Information Law Conference on 14 March 2024!
Follow us on X/Twitter (@11KBWpanopticon) for exclusive bonus clips, with additional insights which were deemed too riveting / salacious for the main episodes.