13 August 2015
Information law update: Subject access requests and the dilemma for data controllers
The ability of an individual to require a data controller to provide full details of any personal data held about her is one of the central features of the Data Protection Act 19998 (DPA) – it is regarded by the Information Commissioner as a “fundamental right”.
The DPA sets out a number of exemptions to the right of access and the conventional view has been that, unless one of the exemptions is engaged, the data controller simply has to comply with any subject access request
10 August 2015
'Reform' of judicial review – The bandwagon trundles on
The Government has opened the latest in its series of consultations on proposals for the 'reform' of judicial review. The current consultation arises out of changes to judicial review procedure already introduced by Part 4 of the Criminal Justice and Courts Act 2015 (CJCA). Those changes concern the financial information that all claimants starting judicial review proceedings will have to supply to the Court. They also concern the financial information that any claimant seeking a cost capping order will have to supply to the Court and to the other parties. Unsurprisingly – this has been the leitmotif of the whole “reform” process – there is a striking lack of evidence to justify the proposals, allied to an apparent blindness to what currently happens in practice and to the powers currently available to the courts.
4 August 2015
Website hacking: Ashley Madison users left wondering who they can trust
Online businesses using third party services could potentially face claims in multiple jurisdictions if a personal data breach occurs. The recent attack on the Ashley Madison website has highlighted yet again the importance of ensuring that robust systems are in place to protect customer information.
23 July 2015
Exceptional Case Funding: safety net or fig leaf?
Last week, in the High Court case of IS v The Director of Legal Aid Casework & Anor [2015] EWHC 1965 (Admin) (15 July 2015) (IS) Mr Justice Collins declared the current operation of the Exceptional Case Funding (ECF) Scheme to be unlawful and described the system as “wholly deficient”. The Public Law Project, who represented the claimant, has said the judgment will have profound implications for access to justice.
7 July 2015
Judicial review and suitable alternative remedies
It is commonplace to say judicial review is a remedy of last resort and in particular that if there is an adequate alternative remedy that is or was available to a claimant, permission to bring proceedings will normally be refused.