Kerry Underwood

DATA PROTECTION UPDATE

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Kerry Underwood offers consultancy services in relation to this and other matters and details are here.

 

Damages Re Misuse of Data

In

Aviva Insurance Ltd v Oliver [2019] EWHC 2824 (Comm)

an intermediary who illegally purchased data from an employee of Aviva and sold it to claims management companies was ordered to pay £108,000 damages to Aviva, representing the costs of a team set up by Aviva to investigate misuse of the policy holders’ data.

 

Data Protection Hearings: Practice Direction

Certain Data Protection issues are heard by the First-tier Tribunal (General Regulatory Chamber).

These include:

(a) appeals against penalty notices (section 162 (1)(d) of the Data Protection Act 2018);

(b) orders to progress complaints (section 166(2) of the Data Protection Act 2018);

(c) certifying an offence to the Upper Tribunal (section 202(2) of the Data Protection Act 2018).

The Senior President of Tribunals is responsible for determining the composition of the panels to hear these matters.

The Senior President has issued a Practice Direction as follows:

A decision that disposes of proceedings or determines a preliminary issue in must be made by one judge, or where the Chamber President considers it appropriate, one judge and one or two other members.

Where the Tribunal has given a decision that disposes of proceedings (“the substantive decision”), any matter decided under, or in accordance with, rule 5(3)(l) or Part 4 of the 2009 Rules or section 9 of the Tribunals, Courts and Enforcement Act 2007 must be decided by one judge, unless the Chamber President considers it appropriate that it is decided either by:-

a. the same members of the Tribunal as gave the substantive decision; or

b. a Tribunal, constituted in accordance with paragraphs 4 to 14 comprised of different members of the Tribunal to that which gave the substantive decision.

Any other decision, including striking out a case under rule 8, making an order by consent under rule 37 or giving directions under rule 5 of the 2009 Rules (whether or not at a hearing), must be made by one judge.

Where the Tribunal consists of two or more members the “presiding member” for the purposes of article 7 of the 2008 Order will be the judge.

 

See –

PRACTICE DIRECTION: PANEL COMPOSTION FOR NEW APPEAL RIGHTS IN THE FIRST-TIER TRIBUNAL (GENERAL REGLATORY CHAMBER)

 

Underwoods Solicitors are the solicitors for Crowe UK LLP, the Joint Liquidators of the Cambridge Analytica Group of Companies

Written by kerryunderwood

November 14, 2019 at 7:08 am

Posted in Uncategorized

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