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Public Law Blog

Insights and legal updates from our specialist public law solicitors.

6 July 2015

The end of the duty of candour double standard?

When things go wrong in healthcare, should the duty of candour owed by providers to patients differ depending on whether the care was provided within a primary or secondary setting? Or whether the patient received care from the public or private sector? A single duty of candour should apply consistently across the healthcare service. Unfortunately, the duty of candour is currently triggered by two different thresholds depending upon who provides care to the patient.

Emily Carter

1 July 2015

Information security breaches: A near certainty

Businesses are under attack on a daily basis and the problem is getting worse. That, in essence, is the conclusion of PWC’s annual Information Security Breaches Survey.  The average cost of the most severe online security breaches for large businesses now starts at £1.46 million – up from £600,000 in 2014. For SMEs, the most severe breaches can now cost as high as £310,800, up from £115,000 in 2014. Yet, despite this, most organisations do not plan on spending more on information security over the coming year. 

23 January 2015

European Parliament demands legal communications are protected from surveillance

Following the frank admission by the Dutch Minister of Security that a law firm, Prakken d’Oliveira, had been under surveillance for years by the Dutch secret service, a question was raised in the European Parliament last week concerning the apparent tolerance by the EU of secret surveillance of legal communications and the steps which would be taken to ensure that Member States respected lawyer-client confidentiality. 

Emily Carter

12 January 2015

Watch this space: Domestic CCTV cameras and public areas

The presence of CCTV cameras has become an accepted, if not always welcome, part of the background to modern life. Although both the Information and Surveillance Commissioners have provided clear guidance with respect to the use of CCTV by businesses and organisations, “domestic” surveillance has been treated as an exception. Following the decision of the European Court of Justice in the case of Ryneš (C-212/13), this may be about to change. 

Emily Carter

27 November 2014

The new Duty of Candour: The first priority for NHS managers

The regulations implementing a new statutory duty of candour come into force today.  For those responsible for managing NHS services, what is going to change?  In short, this is the first time a clearly defined standard has been applied across the NHS.  This is also the first time that NHS trusts which are not open with patients in the aftermath of harmful incidents face the possibility of criminal proceedings. 

Emily Carter

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