Information Technology and Data Protection in UK Law

Leading Cases
  • R (Daly) v Secretary of State for the Home Department
    • House of Lords
    • 23 May 2001

    First, the doctrine of proportionality may require the reviewing court to assess the balance which the decision maker has struck, not merely whether it is within the range of rational or reasonable decisions. Secondly, the proportionality test may go further than the traditional grounds of review inasmuch as it may require attention to be directed to the relative weight accorded to interests and considerations.

  • Berkeley v Secretary of State for the Environment Transport and the Regions and Another
    • House of Lords
    • 06 Jul 2000

    Although section 288(5)(b), in providing that the court "may" quash an ultra vires planning decision, clearly confers a discretion upon the court, I doubt whether, consistently with its obligations under European law, the court may exercise that discretion to uphold a planning permission which has been granted contrary to the provisions of the Directive.

  • Campbell v MGN Ltd
    • House of Lords
    • 06 May 2004

    data-paragraph-id="948d1073f0">data-sentence-id="10f47cb22f" quote="false" data-paragraph-id="948d1073f0"> Accordingly, in deciding what was the ambit of an individual's 'private life' in particular circumstances courts need to be on guard against using as a touchstone a test which brings into account considerations which should more properly be considered at the later stage of proportionality.data-sentence-id="4f314445a8" quote="false" data-paragraph-id="948d1073f0"> Essentially the touchstone of private life is whether in respect of the disclosed facts the person in question had a reasonable expectation of privacy.

  • Aerotel Ltd v Telco Holdings Ltd; Macrossan's Patent Application (No.0314464.9)
    • Court of Appeal
    • 27 Oct 2006

    data-paragraph-id="964791db51">data-sentence-id="633fe69b68" quote="false" data-paragraph-id="964791db51">Ask whether the invention as defined in the claim makes a technical contribution to the known art—if no, Art.52(2) applies.data-sentence-id="260cb235a2" quote="false" data-paragraph-id="964791db51"> A possible clarification (at least by way of exclusion) of this approach is to add the rider that novel or inventive purely excluded matter does not count as a "technical contribution".

  • Seager v Copydex Ltd
    • Court of Appeal
    • 18 Abr 1967

    It depends on the broad principle of equity that he who has received information in confidence shall not take unfair advantage of it. He must not make use of it to the prejudice of him who gave it without obtaining his consent. He should go to the public source and get it: or, at any rate, not be in a better position than if he had gone to the public source. He should not get a start over others by using the information which he received in confidence.

  • Attorney General v Guardian Newspapers Ltd and Others (No. 2)
    • House of Lords
    • 13 Oct 1988

    I start with the broad general principle (which I do not intend in any way to be definitive) that a duty of confidence arises when confidential information comes to the knowledge of a person (the confidant) in circumstances where he has notice, or is held to have agreed, that the information is confidential, with the effect that it would be just in all the circumstances that he should be precluded from disclosing the information to others.

  • A v B Plc and Another
    • Court of Appeal
    • 11 Mar 2002

    The court is able to achieve this by absorbing the rights which articles 8 and 10 protect into the long-established action for breach of confidence. This involves giving a new strength and breadth to the action so that it accommodates the requirements of those articles.

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Legislation
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Books & Journal Articles
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Law Firm Commentaries
  • Information Commissioner's Office: Guidance On Artificial Intelligence And Data Protection
    • Mondaq UK
  • Senior MP Calls for Regulatory Crackdown on Banks’ IT Systems: 3 Things You Can do to Prepare
    • JD Supra United Kingdom
    The recent cyberattack on Tesco Bank’s IT systems has prompted Rt Hon. Andrew Tyrie MP, Chairman of the Treasury Committee, to call on regulators to take action against vulnerable bank IT systems...
    ...... access, risk management expectations, data access provisions and expectations around exit ... the principles in the new General Data Protection Regulation (GDPR) coming into force in by 25th ... the provisions of the Network and Information Security Directive (NISD) which will apply to ......
  • Responding to a Cyber Breach
    • JD Supra United Kingdom
    It has been six weeks since the GDPR came into force, and as the consent and sign-up emails slowly stop flooding into our inboxes, the attention has started to shift from GDPR readiness and complia...
    ...... a mandatory obligation to report a personal data security breach to regulators, and potentially ......
  • 10 steps to better cybersecurity -‘Intellectual Values seminar series #1’ video
    • JD Supra United Kingdom
    Last month we hosted our annual ‘Intellectual Values’ seminar in London which this year focused on the ‘connected world’. Sarah Turner, an IP partner in our Tech Hub, gave a talk on the steps compa...
    ...... Delay is the enemy of protection. Nobody is safe as rogue players target all types of business for their money, personal data and intellectual property. Accept that you will ... There is also lots of useful information publicly available to benchmark what your company ......
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