Data Transfers to the USA

June 24th, 2019 by Christopher Knight

On 9 July the CJEU will hear oral submissions by the parties in Case C-311/18 Facebook Ireland & Schrems, in which the Irish Data Protection Commissioner (not Mr Schrems) is seeking to invalidate the Commission’s Decisions setting out standard contractual clauses. The basis for that attempt is the ability of national security bodies in the USA to gain access to personal data transferred to the US from the EU under SCCs. The fact that SCCs apply generally to all international transfers, and not just to the USA, is a point which has not eluded most of the other parties involved before the CJEU. Nonetheless it is likely that there will be some degree of comment from the CJEU on the Privacy Shield mechanism as part of the context to the issues. Read more »


Information Tribunal Lay Member Appointments Open

June 19th, 2019 by Christopher Knight

Ever fancied being a wing member of an Information Rights Tribunal? Well, for ten lucky applicants, your dreams can come true. Panopticon’s attention has been drawn to a Judicial Appointments Commission application process which opens in August (and closes in September) for ten new Information Rights lay members. You can find the details here. Appointees will sit in the First-tier Tribunal, and occasionally the Upper Tribunal, to hear FOIA, EIR and DPA appeals. Non-lawyer readers of this blog – and we know you are out there – should consider applying.

Christopher Knight


Happy birthday GDPR – but where’s the e-Privacy Regulation?

May 23rd, 2019 by Robin Hopkins

So, we approach the GDPR’s first birthday. You know what’s nice for birthdays? Fines. Really big ones. According to an article in today’s Times (paywall), significant GDPR monetary penalties from the ICO are imminent, around the 1-year mark for our new data protection regime. The Irish DPC is apparently limbering up likewise. And it also announced its investigation into Google’s Ad Exchange this week, which could develop into a very significant foray into online ad tech. Read more »


Bridle-ing at a SAR?

April 18th, 2019 by Christopher Knight

Sometimes the Easter Bunny comes bearing mysteriously non-egg shaped gifts to the data protection practitioner. The judgment of the always-worth-reading Warby J in Rudd v Bridle & J&S Bridle Ltd [2019] EWHC 893 (QB) is just such a delivery, albeit that this one appears to contain a high content of asbestos. Read more »


Grounds of appeal in Morrisons

April 17th, 2019 by Anya Proops QC

Following my post confirming that the Supreme Court has granted permission in Various Claimants v Morrison Supermarket Plc, I have had quite a few email queries as to the scope of the grounds of appeal. To put you in the picture, permission has been granted on all grounds. In a nutshell, this means that the Supreme Court will be considering: Read more »


Various Claimants v Morrisons – Supreme Court grants permission to appeal

April 15th, 2019 by Anya Proops QC

In case you were wondering what had happened to this case, the Supreme Court has just confirmed that permission has been granted to Morrisons for it to appeal against the judgment of the Court of Appeal in Morrison Supermarkets PLC v Various Claimants [2018] EWCA Civ 2338. No doubt further updates will follow on Panopticon in due course.

Anya Proops QC