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24 November 2017 / Hannah Smith , Miranda Mourby , Stergios Aidinlis
Issue: 7771 / Categories: Features , Data protection
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The Data Protection Bill - virtues out of necessity?

Claims & counter claims: Miranda Mourby, Stergios Aidinlis & Hannah Smith review the progress of the Data Protection Bill

  • A number of claims have been made for the Data Protection Bill, as it serves a number of purposes—modernisation, ensuring data flows post-Brexit, and exercising derogations under the GDPR to create a more ‘nationalised’ law.

The new Data Protection Bill is currently going through Committee stage in the House of Lords. After a largely positive second reading, the Bill has encountered controversy— particularly in its relationship with the European Union (Withdrawal) Bill.

The Data Protection Bill (DPB) arises from a clear practical necessity to repeal the Data Protection Act 1998 prior to the direct effect of the General Data Protection Regulation (GDPR) in May 2018. However, the Bill has been presented as more than this: it has been hailed as a much-needed modernisation of data protection law, as a way to smooth the transition through Brexit, and as a means of creating a distinctly British data protection regime.

This article examines the claims made for the DPB

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Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

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Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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