Google must delete links to articles in “Right to be Forgotten” case

Google was ordered to take down links to articles about the historic criminal convictions of a businessman.

Two businessmen (NT1 & NT2) convicted of criminal offences many years ago brought claims made under Data Protection law and the English law tort of misuse of private information, for the “right to be forgotten” or, more accurately, the right to have personal information “delisted” or “deindexed” by providers of internet search engines (“ISEs”)

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Careless talk costs careers

The recently published judgment in Forz Khan v Bar Standards Board provides insight into the professional consequences of careless talk and use of LinkedIn. It comes hot on the heels of an SDT judgment in Deborah Daniels who was prosecuted by SRA for making a series of Tweets that were offensive and which expressed hostility towards Islam, Catholicism and Judaism.

The two are completely unconnected but yet again lawyers have been professionally sanctioned for inappropriate communications. The only real surprise is that despite clear professional obligations that have been around for quite some time, they took place.

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SRA – new focus on “principles” not “rules”

The SRA is focussing on ‘principles’ and ‘professional judgement’ as opposed to ‘rules’ A principle based system is more uncertain than fixed rules and therefore it is more important to legal practices to have a set of recorded systems and controls in place that are applied consistently across the firm. The rules are clear particularly … Read more

Data Processors and the General Data Protection Regulation (GDPR)

Data Protection
Whether you are a Data Controller or a Data Processor you have responsibilities under the General Data Protection Regulation (GDPR). A controller determines the purposes and means of processing personal data, whereas a processor is responsible for processing personal data on behalf of a controller and you are required to maintain records of personal data and processing activities.

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Data Protection and Subject Access Requests

subject access requests - data protection

An increasing number of subject access requests have been made under the Data Protection Act 1998.

Subject access requests are used as tactical ploys as a way of putting pressure on the other side to disclose documents that would not otherwise be disclosable in litigation. Several cases have been

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Court of Protection Guidance on vulnerable persons

Mr Justice Charles has released practical guidance in order to provide helpful suggestions as to how practitioners might consider enhancing the participation of P (vulnerable persons) in proceedings in the Court of Protection. Whilst this guidance is primarily directed towards health and welfare cases in the Court, it is also likely to be of assistance … Read more