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21st century problems

17 June 2016 / Peter Thompson KC
Issue: 7703 / Categories: Opinion
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Look to the data protection principles to solve hacking & trolling complaints, says Peter Thompson QC

It has been the biggest innovation in the law of tort since trespass on the case. But it is never used. Well, hardly ever, although it offers a legal remedy for so many of our 21st century problems, such as hacking, trolling, identity theft, vulgar abuse, injurious falsehood and unauthorised surveillance.

I mean, of course, s 13 of the Data Protection Act 1998 (DPA 1998). In case you need reminding, that provides that an individual who suffers damage by reason of any contravention by a data controller of any of the requirements of DPA 1998 is entitled to compensation from the data controller for that damage. As for the requirements of DPA 1998, the data controller of “personal data” (data concerning an individual by which the individual can be identified) is required by s 4 to comply with the data protection principles in the processing of all personal data. Big businesses are data controllers in a big way. So are

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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