Areas of work

Data Protection

Data protection is a part of the law of privacy and is a right recognised in article 8 of the European Convention on Human Rights. It allows individuals to assert rights over how personal data about them is processed. However, it has created difficulties for both public authorities and private organisations with many unsure about their duties and responsibilities under the 1998 Act. For media organisations, special exemptions to the Act apply in certain circumstances, and 5RB barristers are well-placed to advise on these. Breach of the Data Protection may not only incur civil liability, but also criminal liability if an offence is committed under section 55 of the Act.

Closely related to data protection is freedom of information – the right of an individual or organisation to obtain access to non-personal information held by public authorities – as provided for in the Freedom of Information Act 2000.

Members of 5RB regularly advise public authorities, including the Information Commissioner himself, and other organisations in respect of their responsibilities, as well as individuals wanting to obtain information held about themselves or who feel their data has not been handled in accordance with the requirements of the Act.

5 recent Data Protection cases