Data Protection Law and Practice

Introduction

Book Data Protection Law and Practice is the vital new reference work that gives you a comprehensive review of the full scope of data protection law in the UK through expert analysis of legislation and case law. You will find indispensable material covering an explanation of the principles of data protection, the rules covering electronic marketing, the laws governing monitoring and surveillance plus guidance on the intricacies of data protection including procedure.
 
 

Key features

  • Goes through the principles of data protection and privacy laws clarifying the background to the EU and UK legislation and assesses the way the law works in practice
  • Delivers a comprehensive treatment of data protection law giving you a clear reference guide to all the essential data protection issues
  • Reviews the practical impact of confidentiality and privacy cases under human rights law in the UK
  • Explains the rules governing the uses of personal data for electronic marketing and other marketing
  • Guides the user through the laws which apply to surveillance and monitoring of employees and others
  • Takes you through every phase of a case, from the rights of the individual, through to exemptions and enforcements of the Data Protection Act
  • Presents the relationship between the Data Protection Act and the Freedom of Information Act, helping to clarify any grey areas between the two Acts
  • Provides guidance on relevant European and International developments such as the sharing of airline passenger data, the work of the Article 29 Group of the EU and the role of the European data supervisor
  • Features a detailed chapter on the pan-European databases and their development and governance including Europol, Schengen and other systems
  • Includes practical tools for day-to-day use throughout the text including: precedents, case studies, sample forms and letters

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New for the 3rd edition

This new third edition Data Protection Law and Practice ensures you always have the most authoritative information to hand and every angle covered in practice. It features a wealth of updated information that spans new case law, legislation and jurisdictions. In addition, the relationships between the Data Protection Act and other essential areas including the Freedom of Information Act, the Human Rights Act and the Regulation of Investigatory Powers Act are detailed and explored.

  • Find succinct and clear analysis of the legal rules affecting information-sharing in the public sector
  • Provides a fuss-free, comprehensive guide to the Privacy and e-Communications Regulations and amending regulations
  • Includes extensive coverage of UK, EU and ECtHR cases including: Durant v FSA Lloyd v TSB, Marper, Douglas v Northern Shell Campbell, Peck and others
  • Reviews the data protection laws of the Isle of Man, Jersey and Guernsey, giving you an understanding of the differences between the three regimes and the UK provisions
  • Features brand-new timesaving topic charts that provide the essential pointers to practice specific coverage that quickly and easily alert you to the relevant sections

Contents

  • Introduction: Background & History of the Legislation
  • The Development of Privacy and the misuse of private information
  • Interpretation of the Act and Key Definitions
  • Relation with Freedom of Information
  • The Principles
  • Legitimate Processing
  • Sensitive Data
  • Overseas or Cross-Border Transfers of Personal Data
  • Notification
  • Individual Rights
  • Subject Access
  • Rights to Prevent Processing
  • Rights Relating to Automated Decisions
  • Compensation and other Individual Remedies
  • Exemptions for Regulation, National Security, Crime Control and Taxation
  • Exemptions for the Protection of the Individual Family,
  • Health, Social Work, and Schools Information
  • Exemptions for the Special Purposes: Journalistic,
  • Literary and Artistic
  • Research
  • Miscellaneous Exemptions
  • Enforcement and Prosecutions
  • Enforced Subject Access
  • Electronic marketing rules
  • Monitoring and surveillance
  • European databases
  • The Commissioner
  • Information Tribunal

Meet the author

Author Rosemary Jay is a Partner in the Outsourcing, Technology & Commercial Group and National Head of Information Law and has 20 years experience of advising organisations on information law issues including 12 years spent as Head of Legal at the Office of the Data Protection Registrar. Rosemary has spoken and written widely on data protection and access to information, both nationally and internationally.

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