5 Essex Court

Alex Ustych

Call 2010

Data Protection & Information Law

Alex is regularly instructed by charities, educational institutions, healthcare organisations, government departments, police forces, companies and private individuals in both contentious and non-contentious data protection matters. He frequently appears before the Information Tribunal in Freedom of Information Act cases as well as in the Upper Tribunal. 

Alex frequently advises private and public sector organisations on data breaches (including claims), data sharing and steps necessary to ensure compliance with the data protection regime. Alex regularly advises the Charity Commission on the data protection implications of major projects.

Alex is the Grenfell Tower Inquiry’s data protection/information law counsel. 

He has particular expertise in dealing with complex and high-value data protection claims arising in the context of employment and/or involving alleged psychiatric injuries (rather than claims where ‘distress’ damages are claimed).

Alex also has significant experience of litigating cases involving broader challenges to how personal data is retained and used, for example with references to Articles 8/10 ECHR (R (Miller) v College of Policing [2020] EWHC 225 (Admin)) and claims involving defamation, privacy and breach of confidence.

Alex successfully represented several government agencies in High Court data protection claims. He has particular experience of dealing with persistent litigants who make repeated information/subject access requests, followed by litigation.

Alex successfully represented the Warwickshire PCC (the lead respondent in a series of stayed cases), in a significant Information Tribunal appeal (before the President of the Information Tribunal) brought by Privacy International following a refusal of a freedom of information request about surveillance technology. 

He has also advised a leading ‘lone worker’ alarm provider on the extent of its DPA obligations and a Harley Street clinic on the interaction between its contractual and data protection duties.

Alex regularly provides lectures on the DPA, FOIA and the GDPR. He advises on the impact of GDPR on private and public sector organisations.

As a qualified mediator, Alex can also assist with data protection disputes being dealt with via ADR.