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27 January 2023 / Roderick Ramage
Issue: 8010 / Categories: Features , Data protection
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Data protection & de minimis

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Rise of the regulatory monster: Roderick Ramage takes aim at the General Data Protection Regulation

De minimis non curat Lex’ are, apocryphally, the words by which, some 50 years ago, the receptionist of a London branch of Lex Garages turned away me and my beaten-up Mini. More recently in respect of de minimis, in X v Zautoriteit Persoonsgegevens (2022) C-245/20, a decision about an exception for the protection of the independence of the judiciary, the Attorney General observed at paras [59] and [60] that:

‘In this new age, where one finds an endless drive towards increased automation, it seems that almost any aspect of any activity may, sooner or later, be connected to a machine which, increasingly, has its own data processing capabilities. Most of the time, the use of such data will be ancillary or “de minimis”, so that in many cases no “real” processing activity takes place. However, and still, it would appear that neither the nature of the operation (mere transmission versus effective work

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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