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27 January 2023 / Roderick Ramage
Issue: 8010 / Categories: Features , Data protection
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Data protection & de minimis

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Rise of the regulatory monster: Roderick Ramage takes aim at the General Data Protection Regulation

De minimis non curat Lex’ are, apocryphally, the words by which, some 50 years ago, the receptionist of a London branch of Lex Garages turned away me and my beaten-up Mini. More recently in respect of de minimis, in X v Zautoriteit Persoonsgegevens (2022) C-245/20, a decision about an exception for the protection of the independence of the judiciary, the Attorney General observed at paras [59] and [60] that:

‘In this new age, where one finds an endless drive towards increased automation, it seems that almost any aspect of any activity may, sooner or later, be connected to a machine which, increasingly, has its own data processing capabilities. Most of the time, the use of such data will be ancillary or “de minimis”, so that in many cases no “real” processing activity takes place. However, and still, it would appear that neither the nature of the operation (mere transmission versus effective work on and with the data), the method of the potential disclosure

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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