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GLOSSARY
A formal statement made to the magistrates’ court (either in writing or orally) to obtain the issue of a summons or warrant under section 1 of the Magistrates’ Court Act 1980. Private prosecutions are commenced by laying an information as opposed to the written charge/requisition procedure (CJA 2003, s 30(4)(b)).
GLOSSARY
The Information Commissioner’s Office (ICO) is UK's regulator for data protection, and regulates freedom of information and environmental matters, except in Scotland, which has its own freedom of information commissioner. It maintains a register of data controllers.
NEWS
The Information Commissioner, John Edwards, has called on water companies to proactively disclose sewage discharge information to customers on a monthly basis, as a way of promoting public trust. Edward’s call follows a recent tribunal case regarding the release of environmental information and the pressures faced by water companies to disclose this information.
NEWS
The Information Commissioner has issued an enforcement notice to Emailmovers Ltd (EML) given EML’s non-compliance with Art 5(1)(a) of the UK GDPR.  This is partly because EML is a controller, rather than a processor, as it has always maintained. The Information Commissioner’s justification for this is that EML determines the purposes and manner of processing data. According to the Information Commissioner, in controlling data, EML acted in a manner that was not fair, lawful or transparent, as consent received was not sufficiently specific or informed.
NEWS
The Information Commissioner has responded to the Data (Use and Access) Bill introduced to Parliament on 24 October 2024. He welcomed key measures in the Bill, such as smart data, digital verification services, and the protection of public service delivery and safety related to data protection reforms. The Information Commissioner believes that the Bill will enhance innovation and create new opportunities for data-driven businesses. He concludes that the Bill is proportionate to the UK's regulatory framework, including the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426, and aligns well with the objectives of the Information Commissioner's Office.
NEWS
The Information Commissioner’s Office (ICO) has announced that it is seeking permission to appeal the Upper Tribunal’s (UT) ruling on DSG Retail Ltd to the Court of Appeal, aiming to address what it sees as an incorrect interpretation of data protection obligations under the Data Protection Act 1998 (DPA 1998). Following a 2017 cyber attack that compromised the personal data of approximately 14 million individuals, the ICO originally fined DSG Retail Ltd £500,000 in 2020—the maximum penalty under the DPA 1998. DSG Retail Ltd successfully appealed the decision to the First-tier Tribunal (Information Rights) (FTT), leading to a reduced fine of £250,000 in July 2022. Subsequently, DGS Retail Ltd was granted permission to appeal the FTT decision to the UT, which resulted in the case being sent back to the FTT for re-consideration in 2024. The ICO now considers the UT incorrectly found that it is not necessary for an organisation to take appropriate actions against unauthorised or unlawful processing of data by a third party in situations where the data is personal data in the hands of the controller but not in the hands of the third party.
GLOSSARY
The Information Commissioner’s Office (ICO) is UK's regulator for data protection, and regulates freedom of information and environmental matters, except in Scotland, which has its own freedom of information commissioner. It maintains a register of data controllers.
PRACTICE NOTES
ARCHIVED: This archived Practice Note brings together News Analysis pertaining to Information Law and Brexit between June 2016 and October 2021. It is not maintained and is for background information only. Information Law Brexit News Analysis LexisNexis® Information Law has published News Analysis on a range of issues concerning the implications of Brexit, as set out in the table below. Date News Analysis Brief description of News Analysis 25 October 2021 Beyond Brexit—Government responds to report on digital trade and data LNB News 02/11/2021 53 The government has responded to the report on digital trade and data Fourth Special Report of the International Trade Committee. All 12 of the recommendations made by the Committee were responded to, including the recommendation to produce an expanded data protection explainer, an assessment of each agreement’s impact, a statement on the changes anticipated in the management of EU citizen’s personal data in the UK and a consultation to be held with stakeholders throughout negotiations. Amongst the government’s responses included the commitment to maintaining high standards of protection for
PRACTICE NOTES
ARCHIVED: This Practice Note is archived. It is not maintained and is for background information only. This year’s annual round-up reviews some of the most significant developments of 2017 and previews what is on the horizon for 2018. This includes the implementation of the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR), the UK’s proposed Data Protection Bill, the results of the first annual review of the EU-US Privacy Shield, the implementation of the Network and Information Security Directive, Directive (EU) 2016/1148 (NIS Directive) and the progress of the draft ePrivacy Regulation. Also included are updates on Lexis®+ UK’s content, including news of exciting developments from the past year and what is coming up in the next 12 months. Reviewing 2017 Data protection What happened? With the deadline for compliance with the GDPR on the horizon for 25 May 2018 (see Data protection below), the Information Commission’s Office (ICO) has been encouraging organisations to consider what steps will be required for them to meet their obligations under the
PRACTICE NOTES
The following key Information Law resources are available in Lexis+® UK Legal Research and linked to throughout the Information Law content in Lexis+® UK Practical Guidance, providing useful practical commentary, legislation, rules and guidance for information law lawyers and other practitioners working in private practice or in-house. Note the titles listed can only be accessed with the relevant Lexis+® UK Legal Research subscription(s). This list does not include the resources available within Lexis+® UK Practical Guidance itself. For Information Law resources within Lexis+® UK Practical Guidance, see the Information Law homepage. Those who are new to Information Law may wish to refer to Lexis+® UK Practical Guidance Practice Note: Information Law—new starter guide or Data protection law—new starter guide and the training materials on various Information Law topics. For research into data protection matters on Lexis+® UK Practical Guidance, we recommend starting from the UK data protection law collection. General commentary Title Summary Who should use this resource? Halsbury’s Laws of England volumes relevant for information law practitioners:—Confidence and private
NEWS
Welcome to this week’s edition of the Information Law weekly highlights: a hand-picked summary of news analysis, updates and new content related to laws governing the use and dissemination of information and personal data. These highlights focus on key topics including data protection, ePrivacy, cybersecurity, breach of confidence, misuse of private information, and defamation.
NEWS
Welcome to this week’s edition of the Information Law weekly highlights: a hand-picked summary of news analysis, updates and new content related to laws governing the use and dissemination of information and personal data. These highlights focus on key topics including data protection, ePrivacy, cybersecurity, breach of confidence, misuse of private information, and defamation.