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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Notice period for termination of a contract

In the case of Newcastle’s NHS v Haywood (2017) EWCA Civ 153 the question of when does notice of termination of a contract take effect was considered. The best practice is for express provision in a contract of employment to specify when notice will be effective. The alternatives are common law principles that need consideration and the question to be asked is, when does contractual notice take effect on, 1. Posting of a letter 2. Delivery of the letter or 3. Communication of the notice to the employee so they are aware of it?

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Confidential Information – Damages

Where two employees of a large asset management firm were sued for £15 million for taking confidential information, but the employer’s only recovered £2 (nominal damages). The reason for this is that the employees had made no use of the confidential information. Therefore the employer had suffered no losses – Marathon v Seddon [2017] EWHC 300. This serves as a useful reminder to employers suing former

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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