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.

  • 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.

  • South Carolina Insurance Company v Assurantie Maatschappij ‘De Zeven Provincien’South Carolina Insurance Company v Assurantie Maatschappij N.v
    • House of Lords
    • 29 July 1986

    Situation (1) is when one party to an action can show that the other party has either invaded, or threatens to invade, a legal or equitable right of the former for the enforcement of which the latter is amenable to the jurisdiction of the court. Situation (2) is where one party to an action has behaved, or threatens to behave, in a manner which is unconscionable.

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

  • Aerotel Ltd v Telco Holdings Ltd; Macrossan's Patent Application (No.0314464.9)
    • Court of Appeal (Civil Division)
    • 27 October 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".

  • Attorney General v Guardian Newspapers Ltd and Others (No. 2)
    • House of Lords
    • 13 October 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 (Civil Division)
    • 11 March 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
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ... ... Act to make provision for the regulation of the processing of information relating to individuals; to make provision in connection with the ... that is a Research Council for the purposes of the Science and Technology Act 1965;(iv) an institution that is a research institution for the ... ...
  • Corporate Insolvency and Governance Act 2020
    • UK Non-devolved
    • January 01, 2020
    ... ... Act 2004, the Board of the Pension Protection Fund.(3) A notice under subsection (2) must ... , a notice containing the required information.(2) During a moratorium, any websites of the ... connection with the use of information technology;(d) data storage and processing;(e) website ... ...
  • The Russia (Sanctions) (EU Exit) Regulations 2019
    • UK Non-devolved
    • January 01, 2019
    ... ... Annotations: Commencement Information # I1 Reg. 1 in force at 11.4.2019, see reg ... funds, economic resources, goods or technology, that could contribute to destabilising Ukraine ... speech, music, sounds, visual images or data of any description; and(b) signals serving for ... that—(a) contravenes the data protection legislation, or(b) is prohibited by any of Parts ... ...
  • The Payment Services Regulations 2017
    • UK Non-devolved
    • January 01, 2017
    ... ... (duty to co-operate and exchange of information) ;(b) regulation 122 and the following provisions ... distance communication;“sensitive payment data” means information, including personalised ... the provision of an information technology system, all of the following conditions must be ... to the requirements of the Data Protection Act 1998 , section 348 of the 2000 Act ... ...
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Books & Journal Articles
  • The benefits and challenges of general data protection regulation for the information technology sector
    • No. 21-5, August 2019
    • Digital Policy, Regulation and Governance
    • 510-524
    Purpose: The implementation of European data protection is a challenge for businesses and has imposed legal, technical and organizational changes for companies. This study aims to explore the benef...
  • View analysis of personal information leakage and privacy protection in big data era—based on Q method
    • No. 74-5, September 2022
    • Aslib Journal of Information Management
    • 0000
    Purpose: In the era of big data, people are more likely to pay attention to privacy protection with facing the risk of personal information leakage while enjoying the convenience brought by big dat...
    ... ... pay attention to privacy protection with facing therisk of personal information leakage while enjoying the convenience brought by big data technology.Furthermore, people’s views on personal information leakage and privacy protection are varied, playing animportant role in the legal process of ... ...
  • “The margin between the edge of the world and infinite possibility”. Blockchain, GDPR and information governance
    • No. 29-1/2, March 2019
    • Records Management Journal
    • 240-257
    Purpose: This paper aims to explore a paradoxical situation, asking whether it is possible to reconcile the immutable ledger known as blockchain with the requirements of the General Data Protection...
    ... ... with the requirements of the General Data Protection Regulations(GDPR), and morebroadly ... positive feature of blockchain technology from the perspective of trustedexchanges of value ... ...
  • A comprehensive concept map for adequate protection and effective management of personal information in networked Chinese services
    • No. 33-6, November 2015
    • The Electronic Library
    • 1047-1064
    Purpose: – This paper aims to develop a comprehensive concept map to guide adequate protection and effective management of personal information in the provision of networked services in China throu...
    ... ... information innetworked Chinese servicesXiaomi AnKey Laboratory of Data Engineering and Knowledge Engineering of theMinistry of Education, and ... ofChina, Beijing, China, and School of Business Information Technology andLogistics, RMIT University, Melbourne, AustraliaShuyang Sun, Yu Dong ... ...
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Law Firm Commentaries
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