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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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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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