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24 November 2023 / Michael Zander KC
Issue: 8050 / Categories: Opinion , Technology , Artificial intelligence
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Mind the (biometric) gaps

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Abolishing the post of the biometrics commissioner would be a mistake, says Michael Zander KC

When I first read that the government intended to abolish the joint posts of Biometrics and Surveillance Camera Commissioner (BSCC) I was concerned, but I am not an expert in this technical field and felt unable to judge. But I am now wiser—or at least better informed.

The 2021 consultation paper issued by the then Department of Digital, Culture, Media and Sport said: ‘The government will explore the potential for further simplifying the oversight framework by absorbing the functions of those commissioner roles into the ICO [Information Commissioner’s Office] which should bring benefits to data controllers and the public with a single route for advice, guidance and redress,’ (Data: A New Direction, September 2021, para 410).

The Data Protection and Digital Information Bill Pt V provides that the commissioner functions would be transferred instead to the Investigatory Powers Commissioner. Part V is sponsored by the Home Office.

The Bill completed the commons committee stage

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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