Biddy Wyles

Many defendants in data protection proceedings will have experienced claims which also plead a misuse of private information (MPI). Often, on the face of things, the latter appears to add nothing to the data protection claim, but there can be procedural and costs/other financial implications. Importantly, where claimants have secured after-the-event (ATE) insurance, premiums can be recovered from losing defendants (as there is an exception for certain claims, including MPI ones, to the general rule introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, by which ATE premiums became generally irrecoverable between parties). This can be perceived as a factor which might impel defendants to settle otherwise weak claims. The practice of bundling data protection and MPI claims (sometimes with a bonus breach of confidence claim) in “data breach” proceedings was struck a blow in 2021, when Mr Justice Saini, in Warren v DSG (https://lnkd.in/eFfC-5aT), held that, as both MPI and breach of confidence require there to have been a “use” - a “positive action” - they do not impose a data security obligation on a defendant, or create liability where the defendant was, instead, alleged to have *failed* to do something. This inevitably led to a drop in claims pleading MPI (and breach of confidence) in data security cases, but not a complete stop: after all - I imagine some claimant lawyers thought - a claim can still be pleaded as a MPI claim, even if it might not look like one (following Warren v DSG). However, in a costs judgment from September last year, but only recently published, Deputy Costs Judge Roy held that a “spurious” (as opposed to a “genuine”) MPI claim (in Saini J’s characterisation “an unconvincing attempt to shoehorn the facts of the data breach into the tort of MPI”) can’t avail itself of the ATE premium irrecoverability exception. (The claim was against Equiniti, but seems to be separate to the recent attempted group litigation against the same defendant - see https://lnkd.in/eHxtPg9T) I suspect the story is not entirely over. Claimants will quite possibly say “yes, spurious MPI claims can’t be shoehorned into data protection claims, but this one - Judge - is not spurious on the facts”. Nonetheless, the days of portmanteau data breach claims seem to disappearing into the past. https://lnkd.in/e4WcbQV2

22

The High Court case Harrison v Cameron and ACL [2024] EWHC 1377 (KB) is a game-changer for Subject Access Requests (SARs) in the UK. Excello Law Data protection partner Paula Williamson breaks down this landmark case, which clarifies that requesters are entitled to know the identities of individuals their data has been shared with. This case highlights the responsibilities of data controllers and the specific purposes of SARs under UK GDPR. Paula's detailed analysis explains the implications and future precedents set by this decision. Read the full article here: https://lnkd.in/e9FevMp2 #DataProtection #GDPR #SAR #LegalUpdate #PrivacyLaw #HighCourt

19

The interplay of AI, data and the role of the human in litigation was brought under the lens at our morning fireside chat yesterday, held in collaboration with Epiq for #LIDW24. Chaired by court reporting expert Lorraine Medcraft and insights from our CRO Peter Nussey and partner Guy Pendell from CMS UK. One key discussion takeaway underscored how data and AI outputs can serve as crucial anchors and reference points at various stages of litigation, but human judgment and creative thinking remain essential in their application and in determining final outcomes. #legaltech #DisputeResolution

33

Really interesting research on the readability of privacy notices. Some food for thought: - the average privacy notice has 7.4k words - the average time a reader spends reading a privacy notice is 48 seconds (if they ever do read it) - make your privacy notices fun, creative and short

5

How protected are your clients? 53% of UK adults do not hold an income protection policy but 1 in 5 have considered it. This highlights the opportunity you have to start the IP conversation with your clients. This week, the IPTF are running #IPAW with the aim of turning awareness of IP in to action, so why not set yourself the challenge to talk more IP with your clients? Read our insights infographic to see the opportunity you have: https://bit.ly/47AYvzS #IPAW2024 #LetsTalkIP

9

1 Comment

The ICO are cracking down on cookie compliance! Is your website taking the biscuit? 🍪 We’ve been talking to Tom Gell, data protection expert at Trust Keith • The DPO-aaS for Scale-Ups and ISO Serious, about cookies. You might think that you have this covered, but it’s a fast-moving area and many organisations don’t realise they are out-of-date and failing to comply with the law. Tom shares his list of the top 7 things you need to know below to help ensure you measure up... 1️⃣ There are two types of cookies 2️⃣ Analytical cookies  3️⃣ Other tracking technology 4️⃣ Changing law 5️⃣ 3rd party providers 6️⃣ "Reject all"  7️⃣ Countries If you want to discuss any of the above or if would like us to check your cookie policy for compliance please get in touch on [email protected]. You may also want to check out our previous blog on why do I need a cookie notice (linked below). #Cookies #Compliance #CookiePolicy #DataProtection Mitchell Omer

10

5 Comments

Maria Spencer has written this helpful article covering lawfully monitoring employees in the workplace. If you have any questions or would like to discuss the issues it raises, then please do get in touch with us. #dataprotection #dataprivacy #employeemonitoring #privacy

3

In advance of Pinsent Masons' AI conference on 4 July, Philip N. and Karl Simons OBE have produced this article published in SHP: The impact of AI on H&S management and legislative compliance #healthandsafety

25

1 Comment

Our latest Technology & Digital round-up of legal and non-legal tech-related news stories is now live. This edition from Luke Jackson and Sally Mewies covers: a flurry of activity from the ICO, the latest on cyber security, the AI Seoul Summit, and more. Explore the update here. #AI #TechLaw #Technology #WalkerMorris #ForgeYourOwnPath

8

Starting training a Luton Law firm on their new case management system today. Moving onto a cloud based system from a paper-based approach with an accounting package. https://lnkd.in/defAAdDU for the systems we support: LEAP, Proclaim, Clio & Actionstep. #legalprofession #solicitors #legaltech #lawfirm #lawyers

1

The much-anticipated rules for the country's data protection legislation, the Digital Personal Data Protection Act #DPDPA are expected to be released for public consultation soon. As an organization deeply committed to online safety and responsible digital citizenship, Social & Media Matters is gearing up to contribute meaningfully to this consultation process. We will be recommending key measures focussing on the protection of personal data, upholding the privacy rights of all citizens, and creating a secure digital environment. Here Ami Kumar is sharing our insights and advocating for a robust framework that balances innovation with individual rights.

14

8 Comments

This month for our Spotlight interview series, we had the pleasure of speaking with Ellie Ludlam, a cyber and data risk partner at Pinsent Masons, about her inspiring journey in the legal profession. Ellie shares candid insights on the challenges of balancing motherhood with a demanding career in law, the barriers women often face in this field, and her return to law after a career break. She highlights the importance of flexibility, support systems, and the need for employers to adapt to retain talented female professionals in the industry. Read the full interview, here: https://bit.ly/4easgtj #womeninlaw #legal #law

9

2 Comments

🔞 Online Child Protection update from the Uk Ofcom has opened an investigation into whether OnlyFans is doing enough to prevent children accessing pornography on its site. 🔞Under existing regulations that pre-date the UK’s new Online Safety Act, video-sharing platforms (VSPs) established in the UK are required to take appropriate measures to prevent under-18s from accessing pornographic material. 📵In response to this VSP regulation, a number of UK-based sites that host adult content – including the largest, OnlyFans – have introduced age verification measures. ⚠️However, Ofcom say that having reviewed submissions received from OnlyFans in response to formal information requests, they “have grounds to suspect the platform did not implement its age verification measures in such a way as to sufficiently protect under-18s from pornographic material”. Ofcom are also investigating whether OnlyFans failed to comply with its duties to provide complete and accurate information in response to these statutory requests. See more here 👉🏻 https://lnkd.in/eFhA5M67

10

Out-of Court Settlement under the Digital Services Act First OOC body Certified - Compliance Now Possible Although the DSA was in force since 17 February 2024, up to now there was no certified ooc-body which users of Online-Platforms could appeal to in order to settle disputes under Art. 21 of the Digital Services Act (Regulation 2022/2065). This situation has now changed. On the 12th of July 2024 RGOAL LTD was certified as the first - and so far only - out of court settlement body in the EU operating under the brand “ADROIT” to settle disputes between online platform providers and their users in any EU member states. Please refer to our website adroit.legal for more information on our areas of expertise. Users can file their complaints in multiple languages using our online arbitration system offered on adroit.legal. First requests for settlement have started to reach us. Platforms need to take immediate action to ensure compliance. According to Article 21 (1) of the DSA, online platforms have to provide information about ooc-settlement easily accessible on their website on the possibilities to resolve disputes. Non-cmpliant online platform providers risk severe fines (see Article 52 (3) DSA). ADROIT is keen to cooperate with all actors in this nascent space to strive for equitable and efficient dispute resolution in the interest of all parties. #DSA #DigitalServicesAct #Arbitration #EuropeanUnion #ADR #AlternativeDisputeResolution #Art21DSA #Mediation #P2B #onlineplatformproviders

3

Introducing our June A.I. Bundle With all the A.I. projects surfacing it is essential that organisations have robust data protection governance in place. We believe anyone who is keen to know the UK GDPR requirements and how best to maintain privacy rights will benefit from our increasingly popular A.I. Privacy Practitioner course As an added bonus, the course now comes with the following: * A.I. Policy Template * A.I. DPIA Template * A.I. 3rd Party Procurement checklist more info here https://lnkd.in/eKQRWH6U #AI #dataprotection

1

GSA Global will be taking part in the ILFM Law Management Online Forum on the 24th October. We will explore the growing insider threat within the legal sector, the challenges these threats pose, and the impact on organisations globally, while also highlighting the need for informed solutions. To register, click here: https://lnkd.in/erJB_SH5 #Legal #LawFirm #InsiderThreat #InsiderRisks

7

Head of lawtech and chief knowledge and innovation officer, Chris Tart-Roberts, has been quoted in a LexisNexis UK report discussing the biggest opportunities, risks and challenges of implementing AI into the practice of the law. Find out more: https://ow.ly/nw9e50TvWYF (paywalled). #LegalTechnology #Lawtech #AI

75

1 Comment