News | 5 Essex Court

16 Jan 17

Tunisia Shootings Inquests

The Inquests into the deaths of 30 British nationals who were killed in Tunisia on 26 June 2015 began today at the Royal Courts of Justice.

Employment Law Client COVID Queries

5 Essex Court introduces ‘Client COVID Queries’ – a 30 minute free helpline for our clients and solicitors to assist them with matters and concerns relating to Coronavirus.

Call the clerks on 0207 410 2000 to see how we can assist you during this difficult time.

Client COVID Queries

5 Essex Court introduces ‘Client COVID Queries’ – a 30 minute free helpline for our clients and solicitors to assist them with matters and concerns relating to Coronavirus.

Call the clerks on 0207 410 2000 to see how we can assist you during this difficult time.

Freedom of Information Act 2000: Section 23 Exemption

Lownie v. Information Commissioner, FCO and The National Archives [2020] UKUT 32 (AAC) is a recent Upper Tribunal case focusing on the application of s. 23 of the Freedom of Information Act 2000—that is, information which ‘relates to’ security bodies (such as MI5 and MI6). The appeal arose from a request for information on two members of the Cambridge Five spy ring, held by The National Archives, including a vetting file. This was an unusual s. 23 case because, due to the transfer of the information to The National Archives, s. 64 (2) FOIA operated to make the s.23 exemption a qualified one.

Direct electronic marketing and appeals to ICO notices

The Right to be Forgotten

On the right to be forgotten, the lead UK case remains NT1 and NT2 v Google, from April 2018. By way of a reminder, Warby J held that when a request for de-listing of information about previous criminal convictions is made to a search engine, there is a balancing exercise to conduct between the right to rehabilitation and to a private life, and the general right to freedom to access information and freedom of expression. Importantly, Warby J also held that as a general rule it is when a conviction becomes spent that Article 8 will become engaged by processing of information about it, since criminal justice takes place in public and there is no reasonable expectation of privacy at least to begin with.

Data transfers outside the EU

Technical area of personal data transfers is rising up the agenda, not least with the end of the transition period for Brexit is going to render the UK an outside the EEA country for the purposes of EU data protection law. At present, transfers of personal data under GDPR to third countries are generally on the basis of an adequacy decision under Art 45, or standard contractual clauses approved by the EC under Art 46(2), as the main example of ‘appropriate safeguards’. The restrictions can also be derogated from by individual consent as well as in other limited circumstances under Art 49.

Morrison Supermarket