Delo: clarity on ICO complaints

Posted on | by lucyjones

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.

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Panopticon Podcast, Episode 2: Collective Litigation (featuring Robin Hopkins)

Posted on | by Leo Davidson

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.

Win a free place at the 11KBW Information Law Conference 2024!

Posted on | by Leo Davidson

We are delighted to announce that our new Panopticon Podcast will be launching tomorrow – on 22 November 2023.  Leading ITM silk and Panopticon stalwart Anya Proops KC gives me (Leo Davidson) the rundown on the new Online Safety regime and reveals what people in Chambers call me behind my back, all in 30 minutes.

But that’s not all!  Some weeks ago, when the podcast was still just a twinkle in my ear, colleagues challenged me to sneak a reference to the classic Christmas film, Die Hard, into the first episode.  So I did – and now the challenge goes out to listeners: what and where is it?

Hidden in plain sound somewhere in the episode is a reference to a line of Alan-Rickman-as-Hans-Gruber dialogue (not quite an exact quotation).  The first person to spot it and email the reference and time-stamp to panopticon@11kbw.com will win a free place at the 11KBW Information Law Conference 2024 (date TBA).

Any ideas for things to sneak into Episode 2 can be emailed to the same address…

 

Terms and conditions

  1. The first email which is received to the panopticon@11kbw.com email inbox which contains the correct reference and time-stamp (as judged by 11KBW) will be deemed to have won the competition, so long as it is received before 11:59pm on 21 December 2023.
  2. The sender of said email (“Winner”) may nominate, within 28 days of being notified that they are the Winner, any individual (“Delegate”) to attend the 11KBW Information Law Conference 2024 free of charge. 11KBW may agree to accept a nomination after this period, or change the nominated Delegate at any time, at its sole discretion.
  3. Members, pupils and staff of 11KBW, and their immediate families, are not eligible (i) to enter the competition or (ii) to be nominated as a Delegate.

 

Privacy notice

We will not use any personal data provided in connection with this competition for any purpose other than determining the winner of the competition, informing candidates of the outcome and awarding the prize.  Full details of how we handle personal data can be found in our privacy notice:  https://panopticonblog.com/privacy/

If however you would like to receive updates from Panopticon, you can subscribe here to the blog and follow us at https://twitter.com/11KBWpanopticon.