
Jon Baines
@jonbainesdata
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Data protection specialist at Mishcon de Reya LLP. Only tweeting my personal views. Personal blog at https://t.co/VKLzoNcxH2
Joined January 2024
I’ve written up my thoughts for the @Mishcon_de_Reya website, on the baffling decision by @ICOnews to take no action in response to the most catastrophic data breach in UK history, which exposed many thousands of people to immediate risk to their lives.
www.mishcon.com
The Secretary of State for Defence announced on 16 July, a significant data protection breach relating to the Afghan Relocations and Assistance Policy
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Today we heard about the most catastrophic data breach in UK history. And the ICO’s response? No need for any action. Not. Good. Enough.
www.linkedin.com
Today, after the High Court discharged a super-injunction preventing anyone from knowing about it, or even knowing about the existence of the injunction, we’ve learnt about possibly the most catast...
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A largely overlooked but significant change wrought by the Data (Use and Access) Act 2025 means that, in principle, it will be *much* easier for the ICO to issue fines for cookies contravention I've written about this for the @Mishcon_de_Reya website
www.mishcon.com
The Data (Use and Access) Act 2025 (DUAA) will make some significant changes to the enforcement regime for cookies and direct electronic marketing.
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I’ve written for the Mishcon de Reya website on the Data (Use and Access) Act 2025 and the changes it will make to the UK’s data protection laws.
www.mishcon.com
On 19 June, the Data (Use and Access) Act (DUAA) received Royal Assent. We consider what changes it will bring in terms of data protection law.
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A man on remand for assaulting his ex-partner duped former employer, JD Wetherspoon, into orally disclosing her mother’s mobile phone number, which he then used to continue his abuse. I’ve written on my personal blog about the case which has resulted
informationrightsandwrongs.com
“Pretexting” and “blagging” are forms of social engineering whereby someone attempts to extract information from a source by deception. One (unethical) example is when a journalist purports to be s…
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The Data (Use and Access) Act 2025 has now been published. NB that most of the operative data protection provisions still need secondary legislation to commence them
www.linkedin.com
From what I can see, the only major operative "data protection" provision that comes immediately into effect is the section 78 "reasonable and proportionate searches" one (and that just codifies what...
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A blogpost on what the Data (Use and Access) Act 2025 will do. It’s essentially an amending statute: practitioners should look mostly to how it changes UK GDPR, DPA 2018 and PECR
informationrightsandwrongs.com
Section 1(2) of the Data Protection Act 2018 tells us that Most processing of personal data is subject to the UK GDPR Despite the attention given to the progress of the Data (Use and Access) Act 20…
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The Data (Use and Access) Bill is due to receive Royal Assent on 19 June:.
bills.parliament.uk
Data (Use and Access) Act 2025 Royal Assent sittings
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Next week the Court of Appeal will hear the claimants’ appeal in the case of Farley and Others v. Paymaster (1836) Limited (trading as Equiniti) [2024] EWHC 383 (KB). See my short primer on the issues
www.linkedin.com
Next week the Court of Appeal will hear the claimants’ appeal in the case of Farley and Others v. Paymaster (1836) Limited (trading as Equiniti) [2024] EWHC 383 (KB). This is an important case when...
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To what extent do rules in defamation carry over to data protection claims about publication of personal data? There’s some interesting analysis in a recent judgment, striking out a claim by Dale Vince against Associated Newspapers. On my personal blog:.
informationrightsandwrongs.com
An interesting recent judgment in the High Court considers the extent to which rules in defamation law might also apply to data protection claims. In July 2024 His Honour Judge Lewis struck out a c…
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The @GoodLawProject is suing @reformparty_uk as a representative body (the first such case brought under Article 80(1) of the UK GDPR. GLP have published both its particulars of claim and Reform’s defence. I’ve written about it on my personal blog
informationrightsandwrongs.com
In the run-up to last year’s General Election, the campaigning group The Good Law Project (GLP) actively encouraged people to make subject access requests (under Article 15 of the UK GDPR) to polit…
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The Information Tribunal has ruled that the Hinkley Point C construction company is a public authority for the purposes of the Environmental Information Regulations (a parallel access regime to the FOI Act). On my personal blog:
informationrightsandwrongs.com
The Information Tribunal has ruled that the Nuclear New Build Generation Company, a subsidiary of EDF Energy, created to construct s new nuclear power plant at Hinkley Point C (HPC), is a public au…
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The Family Justice Council has produced guidance on covert recordings in family law proceedings - some of its references to data protection law are misguided. On my personal blog:
informationrightsandwrongs.com
The issue of the legality of the making of, and subsequent use of, covert audio and/or visual recordings of individuals is a complex one – even more so when it comes to whether such recording…
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When Liz Truss was elected leader of the Tory Party (and thus recommended to and appointed by the Queen as her PM) was it an exercise of a public function amenable to JR? Unsurprisingly, the Court of Appeal says “no”. On my personal blog
informationrightsandwrongs.com
Was the leadership election in which Liz Truss was elected as leader of the Conservative Party (and as a result of which she was recommended to the Queen by the outgoing Boris Johnson, and appointe…
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This looks very nasty - a cyber attack has apparently compromised the Legal Aid Agency’s online digital services, involving a "significant" amount of personal data from those who applied online for legal aid since 2010.
www.gov.uk
An update following a cyber-attack on the Legal Aid Agency’s online digital services.
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For data subjects considering complaints to the ICO, or for controllers faced with such complaints, you might want to know there is a current 16-week wait just to get allocated to a caseworker. A tub-thumping post by me on LinkedIn
www.linkedin.com
The Information Commissioner's Office’s backlog in handling data protection complaints means that in effectively every case it is exceeding the time envisaged by Parliament for doing so. Section 166...
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The Data (Use and Access) Bill was returned to the Lords yesterday, and once again, on three key votes - on sex data and DVS, the definition of “scientific research”, and AI & copyright, the Government lost. My LinkedIn post:
www.linkedin.com
For a bill in Parliament to proceed to royal assent, it must be agreed by both the House of Commons and the House of Lords. When the Houses cannot agree the bill, it enters a stage referred to as...
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The First-tier Tribunal has certified to the Upper Tribunal an offence of contempt by the University of Exeter, in respect of “wilful” and “flagrant” failure to comply with an order by the FTT under FOIA to disclose information. On my personal blog
informationrightsandwrongs.com
Non-compliance by a public authority with the provisions of the Freedom of Information Act 2000 is rarely a particularly serious matter for the public authority: a delay in responding, or a failure…
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The @ICOnews has ruled, in two important recent decisions, that BT and Openreach are public authorities for the purposes of the Environmental Information Regulations 2004
www.mishcon.com
The Information Commissioner (ICO) has issued decision notices ruling that British Telecommunications plc and Openreach Limited are public authorities for the purposes of the Environmental Informat...
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