5 Essex Court

Data Protection & Information Law

"A great choice for claims which are complex, sensitive or difficult"
Chambers UK

From national security to cyber security, 5 Essex Court's Data Protection & Information Law team regularly provides advice and advocacy in matters relating to information and data protection law, with extensive experience acting for government, police forces, businesses and regulators.

Members of our Information Law team appear in UK courts and tribunals from the Supreme Court down in some of the highest-profile cases involving Information Law. Significant matters in this area include Sir Cliff Richard v BBCR (Miranda) v Secretary of State for the Home Department and R (Catt & T) v Commissioner of Police for the Metropolis.

5 Essex Court also represented South Wales Police in R (Bridges) v Chief Constable of South Wales Police (SWP) which was the first legal challenge in the world on the use by law enforcement agencies of automatic facial recognition technology or AFR. Our information law team can provide expert advice on this complex emerging industry.

The Data Protection & Information Law team provides practical advice and excellent advocacy at all stages, from time-sensitive crisis management through to complex and high-value litigation.

We understand the sensitivities surrounding confidential or personal data, and the need to handle these matters with utmost discretion and integrity. Many of our barristers are security cleared up to and including Developed Vetting, and regularly work with highly sensitive material throughout the public and private sectors.

Our Information Law specialists also regularly advise and provide training on Information Law, including information sharing between public bodies and the impact of the GDPR. We are happy to give talks on recent cases or developments in this area.

Many members of our Data Protection & Information Law team can accept instructions directly from companies or members of the public via Direct Access, which may be particularly appropriate for small/medium businesses looking for excellent advice or advocacy in this field.

Several of our team are members of the Data Protection Forum, a multi-disciplinary group for professional discussion and sharing of expertise on data protection and freedom of information.

The Data Protection & Information Law team is expert in:

  • The Data Protection Acts 1998 and 2018, the Law Enforcement Directive, and the General Data Protection Regulation, including in relation to data breaches;
  • Civil claims concerning misuse of private information, breach of Articles 8 and 10 ECHR, confidentiality, or defamation;
  • The Regulation of Investigatory Powers Act 2000 and the Investigatory Powers Act 2016, in the Investigatory Powers Tribunal and elsewhere;
  • The Freedom of Information Act 2000 and challenges to decisions by public authorities or the Information Commissioner;
  • Public law challenges to the lawfulness of systems for collection, retention or deletion of information, or individual decisions about the handling of information;
  • Claims of unauthorised access to or use of information relating to employment;
  • Disclosure of information between related sets of proceedings, and issues relating to Closed Material Procedures, Public Interest Immunity and Legal Professional Privilege.

For more information, contact our clerking team.