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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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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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