UK Data Protection Act

News & Analysis as of

Employment Law Briefing

Whistleblowing can be a valuable tool for businesses, providing an early warning system against corporate malpractice and demonstrating a compliance culture. Hotlines are now established as an important tool in the...more

Data Subject Access Requests – Stick to What’s Reasonable, Proportionate, and Has the Proper Motive, Says UK Court

In August, the High Court, in Dawson-Damer & Ors v Taylor Wessing [2015] EWHC 2366 (Ch), refused an application to compel a UK law firm (“TW”) to comply with a data subject access request (“DSAR”) under the Data Protection...more

UK Supreme Court to re-consider compensation rights under Data Protection Act

This week, Google has been granted permission to appeal to the UK Supreme Court as part of the decision in Google Inc. v. Vidal-Hall & Others (2015). This is about rights to claim compensation for breaches of the Data...more

How Businesses Can Reduce Cyber Risk: Pre and Post Incident: Businesses Need to Take a More Proactive Approach to Reducing What Is...

As the volume of sensitive data that businesses store ever increases, the use of mobile devices continues to grow and cyber villains become ever more sophisticated, it is perhaps of no surprise that we hear about new...more

Scope for damages for data protection violations in the UK widened by the Court of Appeal

The English Court of Appeal recently gave judgement in a case arising out of the tracking of Internet behaviour via a web browser. In Vidal-Hall v Google1, the Court of Appeal found that...more

Landmark UK Data Protection Ruling

The English Court of Appeal has recently handed down a landmark decision confirming that an individual can recover damages under the UK’s Data Protection Act 1998 (the “Act”) for non-financial losses....more

Crackdown on ‘Back-door’ Criminal Record Checks

Under section 56 of the Data Protection Act 1998 (DPA), it is now a criminal offence for any person or organisation to require an individual to submit a ‘subject access request’ (i.e. the right for an individual to access any...more

NGOs may rely on UK's Journalism Exemption

The UK Information Commissioner’s Officer (the “ICO”), in a letter to Global Witness (in Steinmetz and others v Global Witness) (the “Letter”), stated that non-media organisations may rely on the special-purposes exemption...more

UK Information Commissioner’s Office (ICO) Receives Power to Audit National Health Service

The ICO has welcomed a change in legislation which came into effect on 1 February 2015 enabling it to audit National Health Service (NHS) bodies to check for compliance with the UK Data Protection Act 1998. ...more

UK Legal HIghlights 2014 And Beyond

Welcome to our 2014 edition of UK Legal Highlights. This publication is a reminder of some of the most important and significant developments DLA Piper reported in 2014, along with some forthcoming developments to look out...more

Data Privacy Law in the UK, Part III: Employment Background Checks and Monitoring

In parts one and two of this series summarizing data protection law in the United Kingdom, we looked at the data protection principles to which employers must adhere in relation to obtaining, holding, or disposing of personal...more

Data Privacy Law in the UK, Part II: Data Security and Restrictions on Data Transfers for U.S. Employers

The European Court of Justice’s decision in the Google case that it was required to remove links to “outdated” or “irrelevant” information about an individual has brought EU data privacy laws to the forefront of public...more

Europe Under Review: Part 7 Of 8 – Privacy Governance

As the next in our series of “back to privacy basics”, we look at the rules regarding privacy governance. As we will do throughout this series, we take a look at the current position and what is best practice for an...more

Sports, Media and Entertainment Intelligence - May 2014 (Global)

UK: London's IP anti-crime unit shuts down leading sports file sharing site - The City of London’s Police Intellectual Property Crime Unit has successfully shut down the Sports Torrent Network, a leading sports...more

The latest thinking from Europe (while we are waiting for the Regulation)

(LONDON) Privacy practitioners from the US and Europe gathered in London on April 30 and May 1 to discuss current thinking about privacy policy, regulation and compliance at the IAPP’s European Data Protection Intensive...more

Europe Under Review: Part 1 Of 8 – Registration

Over the next few weeks we will be going back to data privacy basics in our eight part “Europe under Review” blog series. We will be comparing current data privacy laws and best practice in the UK with the proposed new state...more

Top Tips for Successful Recruitment

Recent surveys have shown that companies of all sizes are optimistic about their ability to expand and create jobs in 2014. With business confidence said to be at its highest since 1994, now is a good time for employers to...more

UK's Information Commissioner’s Office issues guidance on dealing with requests from individuals for personal information

Dealing with a subject access request (SAR), whether or not the person making the request is an employee, can be very time consuming. The Information Commissioner’s Office (ICO) issued a Code of Practice in August 2013 on...more

Data Protection Act – Obligations of Liquidators

A judgment recently handed down from the High Court clarifies the obligations of liquidators under the Data Protection Act 1998, providing them with greater personal protection from fines or other sanctions. Reed Smith...more

Social Networking And Online Forums – Privacy

Last month, the UK Information Commissioner’s Office (UK ICO) published guidance on the application of the Data Protection Act 1998 (UK DPA) to social networking sites and online forums....more

ICO Fine Signals International Risks of Data Breaches

On January 24, 2013, the UK Data Protection Watchdog — the UK Information Commissioner's Office (ICO) — fined Sony Computer Entertainment Europe Limited £250,000 (about $400,000) for its alleged failure to implement...more

UK Data Protection Regulator ICO Flexes Power to Impose Fine - Sony Fined for Data Breach

Introduction - On 24 January 2013, the UK Information Commissioner’s Office (ICO) served Sony Computer Entertainment Europe Limited (“Sony”) with a monetary penalty of £250,000 following a serious breach of data security...more

The Sony data breach fine: A hand-slap from London now, but what would it have been under the proposed new EU Data Protection...

The UK Information Commissioner’s Office (ICO) has fined Sony £250,000 for the widely publicized 2011 security breach during which hackers gained access to personal data (including credit card information) of over 77 million...more

Leveson on Data Protection in the UK: What Do Allegations of Phone Hacking Have to Do With Data Protection?

The much-anticipated Leveson Inquiry on the Culture, Practices and Ethics of the Press (“Leveson Report” or “Report”) was released on November 29, 2012. The inquiry leading to the Report was initiated as a response to ongoing...more

UK Information Commissioner issues guidance on deleting personal data and the use of cloud computing

The UK Data Protection Act 1998 (“DPA”) imposes various restrictions on “data controllers”, such as employers, when “processing” personal data relating to individuals. In particular, employers must comply with eight data...more

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