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23 November 2012 / Tom Morrison
Issue: 7539 / Categories: Features , Data protection
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Private eye

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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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