Information Technology and Data Protection in UK Law

Leading Cases
  • R (Daly) v Secretary of State for the Home Department
    • House of Lords
    • 23 Mai 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 Mai 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 (Civil Division)
    • 27 Out 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 (Civil Division)
    • 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 Out 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.

  • Taylor v Anderton (Police Complaints Authority Intervening)
    • Court of Appeal (Civil Division)
    • 13 Jan 1995

    The purpose of the rule is to ensure that one party does not enjoy an unfair advantage or suffer an unfair disadvantage in the litigation as a result of a document not being produced for inspection. It is, I think, of no importance that a party is curious about the contents of a document or would like to know the contents of it if he suffers no litigious disadvantage by not seeing it and would gain no litigious advantage by seeing it.

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Legislation
  • Data Protection Act 2018
    • UK Non-devolved
    • 01 de Janeiro de 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 ......
  • Investigatory Powers Act 2016
    • UK Non-devolved
    • 01 de Janeiro de 2016
    ...... acquisition and retention of communications data, bulk personal datasets and other information; to ... 1 . General privacy protections Part 1 . General privacy protections . Overview ...) (g) information about the work of the Technology Advisory Panel, . (h) (h) information about the ......
  • The Payment Services Regulations 2009
    • UK Non-devolved
    • 01 de Janeiro de 2009
    ...... the applicant to provide further information in accordance with regulation 5(4), 12(4) or ... estimated, on the basis of historical data and to the satisfaction of the Authority, to be ... the meanings given in the Consumer Protection (Distance Selling) Regulations 2000 36 . S-63 . ... (iv) information technology; . (v) communication network provision; and . ......
  • Digital Economy Act 2017
    • UK Non-devolved
    • 01 de Janeiro de 2017
    ...... pornography; to make provision about protection of intellectual property in connection with ronic communications; to make provision about data-sharing; to make provision in connection with ... about the payment of charges to the Information Commissioner; to make provision about payment ... about qualifications in information technology; and for connected purposes. . [27 April 2017] . ......
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Books & Journal Articles
  • The benefits and challenges of general data protection regulation for the information technology sector
    • Núm. 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...
  • “The margin between the edge of the world and infinite possibility”. Blockchain, GDPR and information governance
    • Núm. 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
    • Núm. 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 ......
  • Semantic Disclosure Control: semantics meets data privacy
    • Núm. 42-3, June 2018
    • Online Information Review
    • 290-303
    Purpose: To overcome the limitations of purely statistical approaches to data protection, the purpose of this paper is to propose Semantic Disclosure Control (SeDC): an inherently semantic privacy ...
    ...... purely statistical approaches to data protection, the purpose of thispaper is to propose Semantic ... notions of privacy and informationdisclosure than purely statistical methods. As a result, it ... Web Intelligence and Intelligent Agent Technology –Workshops,Lyon, pp. 253-256.Anandan, ......
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Law Firm Commentaries
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