Q&As

What practical insight/tips do you have on how coronavirus (Covid-19) has impacted compliance with the General data Protection Regulation (GDPR), data protection and privacy requirements, particularly in respect of using video conferencing technology for hearings? What are your thoughts on (a) concerns regarding privacy in video hearings eg participants’ homes, (b) privacy issues surrounding platform security, (c) the management of public access to video hearings, (d) the management of new GDPR/Data Protection Act issues and compliance (eg who is recording hearings, what measures are the court putting in place for data security, GDPR obligations such as data minimisation etc)?

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Produced in partnership with Hamish Corner and Shruti Goel of Shoosmiths LLP
Published on LexisPSL on 28/04/2020

The following Dispute Resolution Q&A produced in partnership with Hamish Corner and Shruti Goel of Shoosmiths LLP provides comprehensive and up to date legal information covering:

  • What practical insight/tips do you have on how coronavirus (Covid-19) has impacted compliance with the General data Protection Regulation (GDPR), data protection and privacy requirements, particularly in respect of using video conferencing technology for hearings? What are your thoughts on (a) concerns regarding privacy in video hearings eg participants’ homes, (b) privacy issues surrounding platform security, (c) the management of public access to video hearings, (d) the management of new GDPR/Data Protection Act issues and compliance (eg who is recording hearings, what measures are the court putting in place for data security, GDPR obligations such as data minimisation etc)?
  • ICO’s approach in light of coronavirus (COVID-19)
  • Court’s approach to remote hearings
  • Privacy concern of home video hearings
  • Privacy and security issues of video conferencing platforms for video hearings
  • Management of public access to video hearings
  • Courts’ compliance with GDPR in court hearings

What practical insight/tips do you have on how coronavirus (Covid-19) has impacted compliance with the General data Protection Regulation (GDPR), data protection and privacy requirements, particularly in respect of using video conferencing technology for hearings? What are your thoughts on (a) concerns regarding privacy in video hearings eg participants’ homes, (b) privacy issues surrounding platform security, (c) the management of public access to video hearings, (d) the management of new GDPR/Data Protection Act issues and compliance (eg who is recording hearings, what measures are the court putting in place for data security, GDPR obligations such as data minimisation etc)?

ICO’s approach in light of coronavirus (COVID-19)

On 15 April 2020, the UK’s supervisory body for data protection, the Information Commissioner’s Office (ICO) issued a statement and document setting out how it shall be adjusting its regulatory approach during the current coronavirus (COVID-19) pandemic, with a focus on safeguarding information rights in an ‘empathetic and pragmatic way’ as a result of:

  1. staff and capacity shortages organisations are facing, with furloughed employees

  2. acute financial pressures that many organisations are presently under, and

  3. public bodies, redeploying resources to meet severe front-line pressures

The document includes details of the ICO’s stance towards taking formal regulatory action, including issuing fines,

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