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Changes regarding data protection claims

Published on: 19 August 2019
Published by: LexisPSL
  • Changes regarding data protection claims
  • What will pre-action letters for data protection claims need to include?
  • How will the changes impact on where data protection claims must be issued?
  • What will the effect of these changes be on data protection?

Article summary

Information Law analysis: This summer the Information Commissioner’s Office (ICO) issued notices of its intention to impose significant fines in relation to high profile data breaches since acquiring its new powers under the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR). With less publicity, but nonetheless important given the increasing awareness of the rights of data subjects to claim damages for breaches of data protection legislation, the Ministry of Justice has recently announced that there are going to be some changes to the Civil Procedure Rules (CPR) from 1 October 2019 onwards as regards privacy and data protection claims. Court rules dealing with defamation cases (CPR 53 and the related pre-action protocol) will be amended (and retitled) such that they will also become applicable to any case that includes a claim for misuse of private information, data protection or harassment by publication. Victoria Leigh, Partner in the Litigation Practice at Squire Patton Boggs, considers the implications. or take a trial to read the full analysis.

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