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08 May 2008 / Tom Morrison
Issue: 7320 / Categories: Features , Legal services , Data protection , Constitutional law
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Getting off lightly?

Data protection is at long last moving up the political (and legal) agenda, says Tom Morrison

In a debate which traces its roots back over several years, the House of Lords defied the government last month and succeeded in narrowly passing an amendment to the Criminal Justice and Immigration Bill. MPs still need to pass the amendment for it to become law, but if the amendment survives it will become a criminal offence to “intentionally or recklessly disclose information contained in personal data to another person, repeatedly and negligently allow information to be contained in personal data to be disclosed, or intentionally or recklessly fail to comply with [data protection] duties”. The interaction between law and politics that has led us to this point has made for interesting viewing.

Richard Thomas heads up the Information Commissioner's Office (ICO) which oversees the operation and enforcement of the UK's privacy and information legislation, most notably the Data Protection Act 1998. With already limited resources at his disposal, Thomas' remit was widened significantly when the Freedom of Information Act 2000 (FIA 2000)

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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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