Data Protection
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Court holds that failure to comply with data protection laws can be a material breach of contract
A recent case before the Court of Session has held that a company was in material breach of contract as a result of a failure to comply with data protection laws. The case also provided further guidance on when the courts will consider a aspirational pre-contractual sales statement to be a misrepres...Kitchen design company fined £90,000 for unsolicited marketing calls
As someone who received a number of cold calls from fitted kitchen company DM Design, I’m pleased to see that the Information Commissioner’s Office (ICO) has taken action against the company for a breach of the Privacy and Electronic Communications Regulations (PECR). The fine is the fir...ICO fines Nursing and Midwifery Council £150,000
Niall Mclean blogs on Brodies PublicLawBlog about a recent ICO monetary penalty notice issued following the loss of sensitive personal data by the Nursing and Midwifery Council....Information Commissioner publishes guidance on Bring Your Own Device
The UK’s Information Commssioner’s Office (ICO) has today published new guidance for employers on the use personal (employee owned) devices for work purposes. Bring Your Own Device (or BYOD) is a hot topic for many organisations. Many employees are seeking to use their own smartphone or ...Information Commissioner reveals methodology for calculating monetary penalty notices
Last month, the Information Commissioner’s Office (ICO) successfully defended the first appeal against a monetary penalty notice issued by the ICO for a breach of the Data Protection Act. The appeal was by Central London Community Healthcare NHS Trust, which appealed against a fine of £90,000...Information Tribunal comes to Scotland
Christine O’Neill blogs on our PublicLaw blog about the Information Tribunal’s first hearing in Scotland, following Scottish Borders Council’s appeal against its monetary penalty under the Data Protection Act issued as a result of a data breach by a contractor working on behalf of ...Kim Dotcom and Mega: Legal FAQs
You’re probably familiar with Kim Dotcom, the German-Finnish internet entrepreneur who currently resides in New Zealand, and is being pursued by the US Department of Justice regarding accusations of a “Megaupload” business empire built on rampant infringement of US copyright law...Santa’s “Naughty List” and data protection compliance
Back in December 2010 Martin offered some wonderful advice to Santa Claus regarding his data processing obligations, and provided some further thoughts yesterday on how the proposed draft data protection regulation might affect Santa’s data processing activities. With under a week to go until ...How will the proposed data protection law reform affect Santa?
A couple of years ago, I blogged about how European data protection law applies to Santa Claus – in particular how data protection law applies in relation to the list that he maintains of children that are naughty and nice. In that blogpost I based my analysis on the fact that Santa’s pl...Managing the legal risks with BYOD
I have an article in this month’s edition of Supply Management, the journal for the Chartered Institute of Purchasing and Supply. The article looks at how organisations can manage some of the legal risks arising out of allowing staff to use their own smartphones, tablets and other devices for ...Bring Your Own Device (BYOD) to Work – Seminar Follow-up
Peter McCorkell from Brodies Employment team blogs on BYOD following our recent seminar on managing the risks with BYOD....