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Cyber_Bytes - Issue 5 2019

Published on 10 December 2019. By Richard Breavington, Partner and Christopher Ashton, Associate and Rachel Ford, Associate

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Welcome to Cyber_Bytes, a bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Cyber_Bytes - Issue 4 2019

Published on 28 November 2019. By Richard Breavington, Partner and Christopher Ashton, Associate and Rachel Ford, Associate

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Welcome to Cyber_Bytes, a round up of key developments in cyber, tech and evolving risks over the last two weeks.

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Blog

No Deal Brexit – implications for data and privacy law compliance

Published on 17 October 2019. By Jon Bartley, Partner and Richard Breavington, Partner

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The Brexit rollercoaster ride continues. At the time of writing, the UK and EU have just announced the agreement of a new withdrawal deal but there are serious doubts about whether it will be backed by Parliament. Despite the requirements of the Benn Act, the risk of the UK leaving the EU without a deal continues to be a concern.

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Blog

Pushing back on APP scams

Published on 18 July 2019. By Ian Dinning, Associate

An Authorised Push Payment (APP) is where a payer instructs their payment service provider, such as their bank, to send money from their account to another. These payments are usually made through the Faster Payment Service or CHAPS.

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Blog

The latest cyber stats revealed (the Cyber Security Breaches Survey 2019)

Published on 05 April 2019. By Rachel Ford, Associate

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Whilst cyber attacks decrease, the threats to businesses remain. We give you the Cyber Security Breaches Survey 2019.

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Blog

Seeking the "right regulation" of digital services: Lords' Communications Committee articulates its vision

Published on 11 March 2019. By Nicola Cain, Partner

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In 2018, Mark Zuckerberg, Facebook's CEO, told the US Senate Judiciary Committee that the question was no longer whether there should be regulation of the internet, but what is the right regulation.

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Blog

Love (or hate) Data?

Published on 21 February 2019. By Nicola Cain, Partner and Charles Buckworth, Partner and Jonathan Greenway, Associate

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Personal Data and Special Category Personal Data – what has changed? "The course of true love never did run smooth" - Shakespeare, W., A Midsummer Night's Dream The definition of personal data is obviously fundamental to the General Data Protection Regulation (GDPR). When considering data protection, your first question should always be – 'is this data personal data?'

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Blog

Happy Valentine's Day from RPC: Love (or hate) data?

Published on 14 February 2019. By Nicola Cain, Partner and Charles Buckworth, Partner

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So it is that time of year again. Love is in the air - roses, prosecco (if you're lucky, champagne), chocolates (in boxes covered in sickly hearts as though a heart surgeon has gone serial killer – yes, we're big fans of Luther).

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Blog

GDPR and the Data Protection Act 2018 – how do they impact publishers?

Published on 25 May 2018. By Nicola Cain, Partner and Rupert Cowper-Coles , Senior Associate

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The need for publishers to ensure that their processing of personal data complies with the law is more important than ever.

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Vicarious liability of data controllers: The Morrisons data breach case

Published on 28 March 2018. By Nicola Cain, Partner

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Following the conviction of Andrew Skelton, a former Morrisons employee, after he published Morrisons’ employees’ personal details on a file sharing website, a group of over 5,500 employees of Morrisons took action against the supermarket to recover compensation for breach of a statutory duty under the UK Data Protection Act 1998 (‘DPA’), as well as for breach of confidence and misuse of private information.

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Blog

Thorny issues of jurisdiction and claim form service laid bare by High Court

Published on 18 January 2018. By Alex Wilson, Associate and Samantha Thompson, Associate

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In Howard Kennedy v The National Trust for Scotland [2017] EWHC 3368 (QB), the High Court considered two complex issues: one relating to the doctrine of forum non conveniens and the other to the CPR provisions on service of a claim form. In his judgment, handed down yesterday, Sir David Eady stayed the action in England & Wales on the basis that Scotland is the more appropriate forum. He also provided guidance on the tricky interplay between deemed and actual service of a claim form, ultimately holding that the claim form in this case had been validly served in time.

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Seriously limiting serious harm

Published on 12 September 2017. By Nicola Cain, Partner

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Seriously limiting serious harm

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Government sets out details of new data protection legislation

Published on 07 August 2017. By Nicola Cain, Partner and Alex Wilson, Associate

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The Government has today published a Statement of Intent setting out details of the forthcoming Data Protection Bill. Matt Hancock MP, the Digital Minister, says that the reforms will "bring our data protection law up to date" whilst transferring the General Data Protection Regulation ('GDPR') into domestic law. The text of the Data Protection Bill is expected in early September.

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Blog

When can publishing newspaper articles amount to harassment?

Published on 28 July 2017. By Keith Mathieson, Partner

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The High Court has struck out part of a harassment claim against the publisher of the Daily Mail and Mail Online. Unless the Judge's order is successfully appealed, the remaining harassment claim will proceed to trial.

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Blog

Supreme Court endorses open justice principle

Published on 25 July 2017.

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The Supreme Court has handed down its much anticipated judgment on reporting restrictions and the principle of open Justice in the case Khuja (formally PNM) v Times Newspapers Limited.

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Brevan Howard's gagging order against Reuters upheld by the Court of Appeal in breach of confidence case

10 July 2017

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The news agency, Reuters, has lost its appeal against an injunction, which prevented it from reporting leaked confidential and commercially sensitive information concerning a leading global alternative asset manager, Brevan Howard Asset Management LLP.

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Blog

CFAs and ATE premiums out of the running in freedom of expression cases

Published on 11 April 2017. By Nicola Cain, Partner

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Supreme Court tips media organisations' Article 10 rights over obligation to pay claimants' additional liabilities in freedom of expression cases

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Blog

Eleven more charities fined by ICO in 'wealth screening' probe

07 April 2017

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The ICO has fined a further eleven charities following an investigation that revealed widespread misuse of donors' personal data.

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Secret 'wealth-screening' by charities breaks data laws

Published on 20 March 2017. By Victoria Noto, Associate

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An ICO investigation into charity fundraising practices has led to two charities being fined and eleven being issued with Notices of Intent to fine.

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Blog

Italian data protection authority issues fines totalling more than €11m for illegal data processing

Published on 14 March 2017. By Eliot Henderson, Associate

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The fines are thought to be the highest ever issued by a European data protection authority.

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Couple awarded £17,000 damages for distress caused by neighbour's CCTV surveillance

22 February 2017

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The compensation is an example of the rise of "distress" claims as a result of breaches of the Data Protection Act 1998 (DPA).

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Publication

Brexit does not spell the end of the GDPR

08 February 2017

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The General Data Protection Regulation (the GDPR) is due to become law on 25 May 2018. As this will be before “Brexit” (Britain’s exit from the EU) takes effect, the GDPR will apply in the UK from that date.

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Investigatory Powers Act gets royal assent

Published on 02 December 2016.

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This week, the Queen gave royal assent to the Investigatory Powers Bill (aka "The Snoopers Charter"), marking the end of the controversial bill's passage into law.

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ICO issues record £400,000 fine for TalkTalk data breach

11 October 2016

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The record fine is an indication that the new Information Commissioner, Elizabeth Denham, is looking to take a robust approach to enforcement ahead of the introduction of the GDPR in May 2018.

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Max Schrems toppled Safe Harbor – will the Model Clauses be next?

27 May 2016

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On Monday, the Irish Data Protection Commissioner announced that it intends to seek clarification on the legal status of the EU Standard Contractual Clauses (the Model Clauses).

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ICO updates Direct Marketing Guidance

04 April 2016

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On 24 March 2016 the Information Commissioner's Office (ICO) published a long-awaited update to its Direct Marketing Guidance (the Guidance).

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CofA injuncts revelation of celebrity's extramarital threesome

Published on 23 March 2016. By Alex Wilson, Associate

The Court of Appeal has granted a privacy injunction (its first since 2011) to prevent the Sun on Sunday revealing details of a well-known entertainer’s extramarital threesome (PJS v News Group Newspapers Ltd [2016] EWCA Civ 100).

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Changes to data protection regulation – what could it mean for you?

07 March 2016

The new General Data Protection Regulation fundamentally rewrites the way data processing happens across the EU. Hear more from Olly Bray.

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Blog

RPC hosts seminar on 'Data Privacy and the Media'

Published on 02 February 2016. By Alex Wilson, Associate

On 28 January 2016, RPC hosted a 'Question Time' style panel discussion for a range of media lawyers on data protection and its particular relevance to the media industry and media companies.

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Publication

Toying with cyber security

14 January 2016

VTech and Hong Kong’s cyber laws

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Blog

Daily Telegraph publisher fined £30k for general election email campaign

30 December 2015

On 15 December 2015 the Information Commissioner's Office (ICO) issued Telegraph Media Group Limited (the Telegraph) with a Monetary Penalty Notice

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New EU data protection rules (finally!) agreed

18 December 2015

On the 17th of December, and after much negotiation, a final draft of the new General Data Protection Regulation (GDPR) was approved by the Civil Liberties, Justice and Home Affairs (LIBE) committee of the European Parliament.

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Publication

National Grid hit with £2m fine for health and safety breach

11 December 2015

A sign of things to come?

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Serbian forum shopper in disclosure breach of duty has privacy and libel action struck out

07 December 2015

On 23 November 2015 Sir Michael Tugendhat set aside an order for service out of the jurisdiction of proceedings for the misuse of private information and libel which had been made by Master Roberts on 31 March 2015 in respect of an article in Politika,

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Blog

Twitter found unsuitable means of communicating FOI request

Published on 27 November 2015.

The First Tier Tribunal (Information Rights) (the Tribunal) has held that a request under the Freedom of Information Act 2000 made via Twitter is not valid.

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Tim Yeo loses libel action against Sunday Times

25 November 2015

The High Court has today dismissed an action by Tim Yeo, the former MP for South Suffolk and Chairman of the Energy and Climate Change Select Committee, against Times Newspapers Limited in an important judgment on the Reynolds defence and the scope of politicians' Article 8 rights.

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Blog

CofA upholds privacy claim by Paul Weller family

Published on 20 November 2015.

The Court of Appeal has upheld a High Court finding that the publishers of Mail Online infringed the privacy of three of Paul Weller's children by publishing unpixellated pictures of them on a family shopping trip in LA.

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Data leaks - a portent of the future?

Published on 20 November 2015. By Alex Wilson, Associate

The Culture, Media and Sport Committee have launched an inquiry in the wake of the recent cyber-attack on the TalkTalk website on 21 October,

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18 months on - the ICO reflects on Google Spain

Published on 11 November 2015. By Alex Wilson, Associate

The ICO has recently blogged on the cases it has received in the year and a half since the Google Spain decision last May.

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Draft Investigatory Powers Bill unveiled

Published on 06 November 2015. By Alex Wilson, Associate

The draft Investigatory Powers Bill was laid before Parliament on Wednesday and leading political figures have already been attempting to calm fears surrounding the so-called 'snooper's charter'.

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EU court declares 'safe harbor' data-transfer agreement invalid

07 October 2015

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The Court of Justice of the EU (CJEU) has declared that the "Safe Harbor" framework agreement cannot be relied upon to justify transfers of personal data from the EU to the US.

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Privacy rights when you don’t expect them - the case of JR38

03 July 2015

Yesterday, the Supreme Court unanimously dismissed an appeal by an Appellant involved in rioting in Derry in 2014.

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Blog

MGN appeals against hacking awards in Gulati case

Published on 10 June 2015.

MGN today sought permission to appeal against the very large awards of damages made by Mr Justice Mann in the eight test claims in the hacking litigation arising out of voicemail interception at Mirror Group Newspapers.

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Publication

The future of "Safe Harbour"

04 May 2015

The future of the “Safe Harbor” is uncertain. Questions about its effectiveness have been brought to the fore in the wake of the privacy and data security scandal that followed Edward Snowden’s revelations about surveillance by US government agencies.

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Publication

Size doesn't matter: regulating "big data" in a "small data" world

04 May 2015

Big data is everywhere. Once the preserve of innovators and technology entrepreneurs, big data analysis is now routinely used by a wide range of public and private sector organisations. It’s a tool for planning, resource management and gaining competitive advantage.

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Publication

Compensation for "distress-only" claims under DPA

03 May 2015

In an important ruling, the Court of Appeal confirms that the cause of action for misuse of private information is a tort and rules on the meaning of “damage” under s13 of the Data Protection Act, allowing claimants to recover compensation for “distress” resulting from a breach of the Act without also having to prove pecuniary losses.

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Google v Vidal-Hall: the rise and rise of data protection rights

31 March 2015

In an important decision handed down on Friday, the Court of Appeal confirmed that misuse of private information is a tort, and that claimants may recover damages under the Data Protection Act 1998 (the "DPA") for distress without also proving pecuniary losses.

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91 year-old activist and angry neighbour: Supreme Court looks at police retention of personal data

09 March 2015

Case report: R (Catt) v Commissioner of Police of the Metropolis and ACPO and R (T) v Commissioner of Police of the Metropolis [2015] UKSC 9

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Publication

Apps: regulators globally push for data transparency

16 February 2015

“Not in front of the telly: Warning over ‘listening’ TV”.

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CofA applies rare 19th Century tort in granting injunction

Published on 04 November 2014. By Alex Wilson, Associate

The Court of Appeal has granted an injunction against the publication of a well-known performing artist's book to protect the rights of his son, not on the basis of misuse of private information but because publication would be likely to cause psychological harm to the son.

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