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17 June 2016 / Peter Thompson KC
Issue: 7703 / Categories: Opinion
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21st century problems

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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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Bell Yard Kysen—Liz Giles

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Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

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Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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