Data Protection – Page 2 – Law Journals

Disclosure: A new dawn?

James Lister evaluates whether the Court of Appeal has established a new approach to disclosure and data protection ‘While in principle there are some potentially alarming consequences of this decision (Dawson-Damer & ors v Taylor Wessing LLP & ors [2016]) for trustees and their advisers in particular, it must be borne in mind that the …

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Data Protection: Digital departure

William Long assesses the impact of Brexit on data protection legislation in the UK ‘If the UK was to adopt its own data protection rules and regulations, it would likely ensure that these comply with EU data protection laws, in order to obtain an adequacy determination from the European Commission.’On 23 June 2016, UK voters …

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Data Protection: Show and tell

Charles Wynn-Evans reviews the use of subject access requests in light of a recent High Court decision ‘The SAR (subject access request) was undoubtedly introduced with the best of intentions to ensure that individuals can monitor what information is held on them and what is being done with it.’ Under s7 of the Data Protection …

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Data Protection: Google v Vidal-Hall: how the cookie crumbled in the Court of Appeal…

Harriet Campbell and Aisling Duffy report on a key judgment under the Data Protection Act ‘The question for any eventual trial is whether or not browser-generated information (BGI) can constitute personal data either on its own or when it is (or could be) linked to other information in an organisation’s possession.’The Court of Appeal recently …

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Data Protection: Fashion surveillance

Pamela Morris and Jo Joyce discuss the issues raised by the use of wearable technology in the workplace ‘Smart watches and clothing that can record or photograph information and disseminate it through other devices may pass unnoticed and unchallenged in situations where mobile phones are banned.’Production of Google Glass was halted last month. Privacy concerns …

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Data Protection: Employers search for answers after Google ruling

Steven Lorber discusses a recent ECJ decision showing the difficulties the EU’s data protection regime causes employers ‘What the regulation does not do is address the issues that data controllers face in trying to cope with a legislative structure which, as the digital economy develops, is becoming increasingly outmoded.’Responses to the European Court of Justice …

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Data Protection: Ask no questions, tell no lies

Cynthia O’Donoghue considers recent developments in data protection ‘Each of these decisions, opinions and guides all inform and should be used as a basis for interpreting the evolving definition of “personal data” rather than considered in isolation.’ What is ‘personal data’ is a conundrum often grappled with and for which there is little guidance except …

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Data Protection: Dealing with subject access requests

Vanessa Hogan and Oliver Spratt consider the impact on employers of the information commissioner’s new Code of Practice ‘While the Code does offer some helpful guidance, its approach to organisations’ DSAR obligations remains uncompromising.’ It is becoming increasingly frequent for employees to send their employer a data subject access request (DSAR) either in anticipation of, …

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