*/
Data Protection Law and Practice (4th edition)
Rosemary Jay
ISBN: 9780414024960
December 2012
Publisher: Sweet and Maxwell
£225
Data protection is not a popular subject, even among lawyers. Most of us have been refused an answer to some innocuous question “because of data protection”. The Data Protection Act 1998 (DPA 1998 is badly drafted and obscure: for instance, it uses schedules to deal with matters of fundamental principle rather than supporting detail.
Nevertheless the subject is inescapable, and increasingly important, as the mass of personal information held about each of us by both public and private sector bodies continues to expand. The 2007 HMRC data disaster – when two CDs containing the child benefit database were mislaid – prompted a heightened awareness of data security; as a result, the Information Commissioner was given the power to impose monetary penalties of up to £500,000 for serious breaches of DPA 1998.
More recently, the Leveson Inquiry has focused attention on the role of data protection in relation to the media. Most members of the Bar will have to consider DPA 1998 at some point, either when advising clients, or in relation to their own role as “data controllers” under the Act.
The 4th edition of the leading practitioner text, Rosemary Jay’s Data Protection Law and Practice, is therefore extremely welcome. The author has 25 years’ experience in the field, working for the Information Commissioner and then for two leading law firms; she is assisted by three expert co-authors. For breadth of coverage and depth of analysis, the book has no serious competitor.
The 1998 Act – and the 1995 Directive that it implements – are at its heart, but there is also detailed consideration of related issues: eg, privacy rights under the Human Rights Act 1998, the monitoring of communications, and access to criminal records. The mass of material is well organised, and a summary of main points at the start of each chapter helps the reader to acquire a sense of the subject’s overall structure. The dearth of case law on many of the issues covered only serves to emphasise the importance of the analysis provided. In short, every practitioner will need access to this book; and every chambers library should have a copy.
Timothy Pitt-Payne QC of 11KBW practises in information law, public law, local government law, and employment law.
Nevertheless the subject is inescapable, and increasingly important, as the mass of personal information held about each of us by both public and private sector bodies continues to expand. The 2007 HMRC data disaster – when two CDs containing the child benefit database were mislaid – prompted a heightened awareness of data security; as a result, the Information Commissioner was given the power to impose monetary penalties of up to £500,000 for serious breaches of DPA 1998.
More recently, the Leveson Inquiry has focused attention on the role of data protection in relation to the media. Most members of the Bar will have to consider DPA 1998 at some point, either when advising clients, or in relation to their own role as “data controllers” under the Act.
The 4th edition of the leading practitioner text, Rosemary Jay’s Data Protection Law and Practice, is therefore extremely welcome. The author has 25 years’ experience in the field, working for the Information Commissioner and then for two leading law firms; she is assisted by three expert co-authors. For breadth of coverage and depth of analysis, the book has no serious competitor.
The 1998 Act – and the 1995 Directive that it implements – are at its heart, but there is also detailed consideration of related issues: eg, privacy rights under the Human Rights Act 1998, the monitoring of communications, and access to criminal records. The mass of material is well organised, and a summary of main points at the start of each chapter helps the reader to acquire a sense of the subject’s overall structure. The dearth of case law on many of the issues covered only serves to emphasise the importance of the analysis provided. In short, every practitioner will need access to this book; and every chambers library should have a copy.
Timothy Pitt-Payne QC of 11KBW practises in information law, public law, local government law, and employment law.
Data Protection Law and Practice (4th edition)
Rosemary Jay
ISBN: 9780414024960
December 2012
Publisher: Sweet and Maxwell
£225
Data protection is not a popular subject, even among lawyers. Most of us have been refused an answer to some innocuous question “because of data protection”. The Data Protection Act 1998 (DPA 1998 is badly drafted and obscure: for instance, it uses schedules to deal with matters of fundamental principle rather than supporting detail.
The Chair of the Bar reports back
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, discusses what family law professionals need to know about hallucinogens, from the main hallucinogenic drugs encountered in family proceedings, to their effects and the testing options available
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
At the start of her term, Chair of the Bar 2026 Kirsty Brimelow KC set out a series of priorities for the year ahead. One of those priorities was children in the justice system
As the world becomes more digital, Barbara Vinagre Mota examines international research into the mental health consequences of judges’ exposure to graphic and immersive evidence, highlighting the importance of support systems
In an era of patient-centred care and growing concern over misconduct in medical settings, why do women still lack the right to choose women consultants for examination and treatment? Charles Davey investigates
Reviewed by Daniel Barnett
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC