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23 November 2012 / Tom Morrison
Issue: 7539 / Categories: Features , Data protection
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Private eye

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Tom Morrison returns with his quarterly review of the world of information law

The Information Commissioner’s Office (ICO) has again made clear that it is not optional to encrypt personal data held on any portable storage device. Nevertheless, many businesses, charities and public sector organisations are either deliberately or unwittingly allowing the continued use of unencrypted devices. It would be a bit of a pun to say that encryption is key to data security, but it has for some time been clear that it is likely that you will be found to be in breach of principle seven of the Data Protection Act 1998 if you lose an unencrypted device containing personal data. Unfortunately, Greater Manchester Police (GMP) was reminded of that by finding itself on the wrong end of a £150,000 fine.

Based on the reported facts, it was a bit of a slam dunk for the ICO. A drugs squad detective took a memory stick home and kept it safe in his wallet. Sadly, his home was broken into and his wallet—along with the memory stick—was stolen. The memory stick contained details of

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

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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