26 October 2016
Coming clean on data security breaches
There is currently no legal obligation under the Data Protection Act 1998 for data controllers to report to the Information Commissioner’s Office (“ICO”) any breaches of data security that have led to losses of personal data – although the ICO strongly encourages controllers to bring “serious breaches” to their attention.
18 October 2016
Public law challenges and the Great Repeal Bill
The Prime Minister, Theresa May MP, and the Secretary of State for Exiting the European Union, David Davis MP, have both recently announced that the next Queen’s Speech will include a “Great Repeal Bill” (the “Bill”). The primary purpose of the Bill will be to provide for the repeal of the European Communities Act 1972, the Act through which European Union (“EU”) law is given supremacy in the UK. The Bill is therefore meant to give effect to the outcome of the June 2016 referendum result. As explained by Mr Davis to the Commons on 10 October 2016, the Bill will “end the authority of [EU] law” and “return sovereignty to the institutions of this United Kingdom”.
4 October 2016
The availability of judicial review against bodies exercising “public functions”
In an era where the state provides public services through the private and voluntary sectors, this matter has become increasingly important for the individual in seeking to vindicate his or her rights against the exercise of public power.
30 September 2016
Doctors’ privacy rights: GMC wrong to disclose information to patient
In the recent case of Dr DB v The General Medical Council a doctor successfully challenged the GMC’s decision to disclose to a patient an expert report into the doctor’s fitness to practice. The judgment provides some useful guidance on the balancing exercise to be performed in mixed data cases.
14 September 2016
EU-US Privacy Shield
Further to our blog post in June 2016, the EU-US Privacy Shield has now been operational for over a month. In this article, we consider the practicalities of using the scheme and comment on its future.