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Private eye

23 November 2012 / Tom Morrison
Issue: 7539 / Categories: Features , Data protection
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Tom Morrison returns with his quarterly review of the world of information law

The Information Commissioner’s Office (ICO) has again made clear that it is not optional to encrypt personal data held on any portable storage device. Nevertheless, many businesses, charities and public sector organisations are either deliberately or unwittingly allowing the continued use of unencrypted devices. It would be a bit of a pun to say that encryption is key to data security, but it has for some time been clear that it is likely that you will be found to be in breach of principle seven of the Data Protection Act 1998 if you lose an unencrypted device containing personal data. Unfortunately, Greater Manchester Police (GMP) was reminded of that by finding itself on the wrong end of a £150,000 fine.

Based on the reported facts, it was a bit of a slam dunk for the ICO. A drugs squad detective took a memory stick home and kept it safe in his wallet. Sadly, his home was broken into and his wallet—along with

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
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 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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