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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

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
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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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