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No fishing allowed?

30 October 2014 / Peter Stevens
Issue: 7628 / Categories: Features , Data protection
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The European Court of Justice has further narrowed the definition of personal data, says Peter Stevens

In July 2014, the European Court of Justice (ECJ) gave a preliminary ruling on the meaning of “personal data” in two joined cases referred to it by the Dutch courts. The technical guidance published by the UK Information Commissioner’s Office may need to be amended in the light of this decision, which narrows the definition of “personal data”, and so limits the scope of subject access requests.

Personal data & subject access requests

Section 7 of the Data Protection Act 1998 (DPA 1998) provides that, with some exceptions, on written request an individual is entitled to be told whether a data controller is processing any personal data of which he is the subject. If so, he is entitled to have communicated to him, in intelligible form, the information which constitutes that personal data and any information available to the data controller as to its source, and to be told the purposes for which they are being processed and

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Clarke Willmott—Declan Goodwin & Elinor Owen

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NEWS
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
Artificial intelligence (AI) is rapidly transforming sport, from recruitment and training to officiating and fan engagement. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys at Law explains how AI now influences everything from injury prevention to tactical decisions, with clubs using tools such as ‘TacticAI’ to gain competitive edges
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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