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Getting off lightly?

08 May 2008 / Tom Morrison
Issue: 7320 / Categories: Features , Legal services , Data protection , Constitutional law
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Data protection is at long last moving up the political (and legal) agenda, says Tom Morrison

In a debate which traces its roots back over several years, the House of Lords defied the government last month and succeeded in narrowly passing an amendment to the Criminal Justice and Immigration Bill. MPs still need to pass the amendment for it to become law, but if the amendment survives it will become a criminal offence to “intentionally or recklessly disclose information contained in personal data to another person, repeatedly and negligently allow information to be contained in personal data to be disclosed, or intentionally or recklessly fail to comply with [data protection] duties”. The interaction between law and politics that has led us to this point has made for interesting viewing.

Richard Thomas heads up the Information Commissioner's Office (ICO) which oversees the operation and enforcement of the UK's privacy and information legislation, most notably the Data Protection Act 1998. With already limited resources at his disposal, Thomas' remit was widened significantly when

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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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