Handley Gill
LEGAL, REGULATORY & COMPLIANCE CONSULTANTS

Handley Gill Limited

Our expert consultants at Handley Gill share their knowledge and advice on emerging data protection, privacy, content regulation, reputation management, cyber security, and information access issues in our blog.

Posts tagged Human Rights Act 1998
Another bauble for the tree?
Another bauble for the tree?

The UK government has today (05 September 2024) joined the US, EU and other countries in signing the Council of Europe’s Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law. Handley Gill’s specialist artificial intelligence (AI) consultants consider the implications of this statement of intent for the UK’s current and proposed legislation as announced in the King’s Speech 2024, and what new laws and amendments will be necessary to enable the UK to meet the AI Treaty’s obligations.

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Nicola CainArtificial Intelligence, AI, AI Regulation, AI Governance, Council of Europe Framework Convention on Artificial Intelligence and Human Rights Democracy and the Rule of Law, AI Treaty, Labour Party Manifesto 2024, King's Speech 2024, EU AI Act, Human Rights, Equality, Discrimination, Privacy, Data Protection, PERSONAL DATA, Human Rights Act 1998, Equality Act 2010, Data Protection & Digital Information Bill, Digital Information and Smart Data Bill, Democracy, Rule of Law, AI Systems, Online Safety Act 2023, Disinformatoin, Transparency, Liability, Redress, ICO, Information Commissioner, Equality and Human Rights Commission, Digital Regulation Co-operation Forum, DRCF, AI Regulation White Paper, Accuracy, Reliability, AI Safety, AI Security, Risk Management, AI Safety Institute, DisinformationComment
A problem shared...
A problem shared...

As Iceland boss Richard Walker decried data protection and human rights laws for allegedly preventing him and his staff from sharing information with other retailers in order tackle the scourge of shoplifting, Handley Gill’s specialist data protection consultants consider how these and other laws apply to retailers and shopping centre operators and identify the steps retailers can take to lawfully share personal data for the purposes of preventing or detecting crime.

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Nicola CainData Protection, Personal Data, GDPR, General Data Protection Regulation, Regulation (EU) 2016/679, UK GDPR, UK GENERAL DATA PROTECTION REGULATION, Data Controller, Data Sharing, Data Sharing Agreement, Criminal Conviction & Offence Data, Article 10 UK GDPR, Section 11 Data Protection Act 2018, s.11 DPA 2018, Section 11(2) Data Protection Act 2018, s.11(2) DPA 2018, Section 10 Data Protection Act 2018, S.10 DPA 2018, Section 10(5) Data Protection Act 2018, s.10(5) DPA 2018, Retail, Retail Crime, Theft, Shoplifting, Data Protection Offences, Data protection impact assessment, DPIA, Appropriate Policy Document, Schedule 1 Data Protection Act 2018, Public Domain, Manifestly Made Public, NT1 & NT2 v Google LLC [2018] EWHC 799 (QB), Data Privacy, Misuse of Private Information, Article 8 ECHR, Article 8 European Convention on Human Rights, Rehabilitation of Offenders Act 1974, Retention Schedule, Data Retention, Section 170 Data Protection Act 2018, Prevention or detection of crime, Crime prevention, Crime detection, Human Rights Act 1998, Reputation Management, Defamation, Libel, SlanderComment
A Herculean Labour?
A Herculean Labour?

Handley Gill’s specialist consultants consider what a Labour Party AI Bill, announced in the King’s Speech on 17 July 2024, will regulate, considering its manifesto commitments and the TUC’s proposed Artificial Intelligence (Employment and Regulation) Bill, and contrasting with Lord Holmes’ Artificial Intelligence (Regulation) Bill which fell at the dissolution of the last Parliament and the EU’s AI Act.

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Nicola CainAI, Artificial Intelligence, AI Regulation, AI Bill, Artificial Intelligence Bill, EU AI Act, Artificial Intelligence (Employment and Regulation) Bill, Workplace AI Risk Assessment, ESG, Equality Act 2010, Discrimination, Bias, AI Bias, Automated Decision Making, Article 22 UK GDPR, Article 22 GDPR, King's Speech 2024, Human Rights Act 1998, Human RightsComment
Now you see me...
Now you see me...

As police forces are encouraged by the government to expand their use of live facial recognition technologies, with the Prime Minister announcing additional funding, Handley Gill Limited’s specialist consultants consider the legal issues that arise and the actions that Chief Constables and forces must take prior to deploying or even procuring LFR for law enforcement purposes.

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Nicola CainData Protection, Personal Data, Part 3 DPA 2018, Part 3 Data Protection Act 2018, Law Enforcement, Law Enforcement Processing, Police, Policing, Biometric data, Biometric Processing, Sensitive Processing, Human Rights, DATA PROTECTION ACT 2018, Human Rights Act 1998, Article 8, Article 8 ECHR, Article 8 European Convention on Human Rights, Article 14 ECHR, Article 14 European Convention on Human Rights, Facial Recognition, Live Facial Recognition, LFR, Public Sector Equality Duty, PSED, Discrimination, Bias, Surveillance, Surveillance Camera Commissioner, Biometrics Commissioner, Data protection impact assessment, DPIA, Appropriate Policy Document, Equality Impact Assessment, Community Impact Assessment, Human Rights Impact Assessment, Cyber Security Risk Assessment, Integrated Impact Assessment, Model Card, Algorithmic Impact Assessment, Algorithmic Transparency Report, Algorithmic Transparency, Data Processing Agreement, Data Sharing Agreement, Joint Controller Agreement, Privacy Policy, Privacy Notice, House of Lords Justice & Home Affairs CommitteeComment
AI regulation in the UK: in out in out shake it all about
AI regulation in the UK: in out in out shake it all about

Handley Gill’s consultants analyse the Government’s response to its consultation on the White Paper ‘A pro-innovation approach to AI regulation’, published on 06 February 2024, and its implications for AI developers and UK creators, business and the public, identifying the steps the Government has committed to take.

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Nicola CainAI, Artificial Intelligence, Artificial Intelligence (Regulation) Bill, A pro-innovation approach to AI regulation, Department for Science Innovation & Technology, AI Governance, AI Regulation, AI Risk, AI Risk Assessment, AI Safety, EU AI Act, AI Act, AI Regulation White Paper, House of Lords Communications & Digital Committee, Large Language Models & Generative AI, Large Language Models, LLMs, Generative AI, Ofcom, Information Commissioner's Office, Information Commissioner, ICO, EHRC, Equality and Human Rights Commission, CMA, Competition & Markets Authority, Digital Markets Competition & Consumers Bill, Data Protection & Digital Information Bill, DPDI Bill, Data Protection, Discrimination, Bias, Cyber Security, Ofsted, Office for Product Safety & Standards, AI Regulatory Principles, 5 AI Regulatory Principles, Centre for Data Ethics and Innovation, CDEI, Responsible Technology Adoption Unit, Employment Law, HR, Human Resources, Recruitment, Automated Processing, Automated Decision Making, Safety Security & Robustness, Appropriate transparency and explainability, Fairness, Accountability & Governance, Contestability and redress, Copyright, Copyright Infringement, Intellectual Property, Intellectual Property Rights, IPR, Misinformation, Disinformation, Online Safety Act 2023, AI Management Essentials Scheme, AI Security, AI Safety Institute, Human Rights, Human Rights Act 1998Comment
Sifting Out Data Protection Rights?
Sifting Out Data Protection Rights?

The Government has prepared a draft statutory instrument, The Data Protection (Fundamental Rights and Freedoms) (Amendment) Regulations 2023, to amend the UK GDPR and Data Protection Act 2018, and laid it before the Sifting Committees. The SI would re-define post-Brexit the definition of fundamental rights and freedoms in data protection legislation. Handley Gill’s specialist data protection consultants consider the implications of the SI for the enforcement of data protection rights across the UK.

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Nicola CainDepartment for Science Innovation & Technology, DSIT, Data Protection, Personal Data, UK GDPR, UK GENERAL DATA PROTECTION REGULATION, Data Protection Act 2018, Brexit, Retained EU Law (Revocation and Reform) Bill, European Union (Withdrawal) Act 2018, The Data Protection (Fundamental Rights and Freedoms) (Amendment) Regulations 2023, European Convention on Human Rights, ECHR, Human Rights, Human Rights Act 1998, Fundamental Rights & Freedoms, Convention Rights, Article 8 European Convention on Human Rights, Article 8 ECHR, Right to Private and Family Life, Right to respect for private and family life, Article 8 European Charter of Fundamental Freedoms, Charter of Fundamental Rights of the European Union, (1) Satakunnan Markkinapörssi Oy and (2) Satamedia Oy v Finland, Information Commissioner, Privacy, Data Controller, REUL (Revocation and Reform) Act 2023, REUL (Revocation and Reform) Act 2023 Statutory Instruments, Retained EU Law (Revocation and Reform) Act 2023Comment
Balancing act… falls off a cliff
Balancing act… falls off a cliff

Handley Gill Limited’s consultants consider the implications of the withdrawal of the Bill of Rights for freedom of speech, the protection of confidential journalistic sources and defamation, data protection, and misuse of private information  claims against the media.

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Nicola CainBill of Rights, Human Rights Act 1998, Human Rights, s12 Human Rights Act 1998, Conservative Party manifesto, Human rights reform, Freedom of Speech, Free speech, Freedom of Expression, Article 10 ECHR, Article 10 European Convention on Human Rights, Confidential Source, Source Protection, Journalistic Source, Protection of journalistic sources, Clause 4(1) Bill of Rights, Clause 21 Bill of Rights, Clause 22 Bill of Rights, Injunction, Injunctive Relief, Prior restraint, s10 Contempt of Court Act 1981, Section 12 Human Rights Act 1998, Section 10 Contempt of Court Act 1981, Draft Media Bill, Bill 117 2022/23, s.40 Crime and Courts Act 2013, Section 40 Crime and Courts Act 2013, SLAPP, SLAPPs, Anti-SLAPP, Strategic Lawsuit Against Public Participation, Strategic Lawsuits Against Public Participation, Economic Crime and Corporate Transparency Bill, Chilling effect, Press Regulation, IMPRESS, Press Recognition Panel, Reputation Management, Media Law, Defamation, Libel, Slander, Privacy, Misuse of Private Information, Data ProtectionComment
Watch and learn
Watch and learn

Handley Gill Limited, and its specialist data protection consultants, respond to the Information Commissioner’s (ICO’s) consultation on its draft ‘Employment practices: monitoring at work’ guidance, which addresses the lawfulness of the use of workplace monitoring and surveillance technologies in the workplace (whether office, home or remote working) and on workers’ devices.

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Nicola CainData Protection, Personal Data, General Data Protection Regulation, UK GENERAL DATA PROTECTION REGULATION, DATA PROTECTION ACT 2018, DPA 2018, Information Commissioner, ICO, Consultation, Consultation Response, Employment Law, Employee Monitoring, Surveillance, Consent, SPECIAL CATEGORY PERSONAL DATA, Biometric Data, Remote Work, Data Subject Rights, Bring Your Own Device, BYOD, Explicit Consent, DPIA, Data protection impact assessment, Legitimate Interests Assessment, Privacy, Human Rights, Human Rights Act 1998, Article 8, Article 8 European Convention on Human Rights, European Convention on Human Rights, GDPR, UK GDPR, Data ControllerComment
Bill of Rights... and Wrongs?
Bill of Rights... and Wrongs?

Handley Gill considers the impact of the Bill of Rights (Bill 117 2022/23), which would repeal and replace the Human Rights Act 1998, on the law of data protection, privacy and freedom of expression in the UK.

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Nicola CainBill of Rights, Bill 117 2022/23, Human Rights Act 1998, European Convention on Human Rights, European Court of Human Rights, ECHR, Human Rights, Supreme Court, Article 8, Right to respect for private and family life, Privacy, Misuse of Private Information, Right to Freedom of Expression, Article 10, Right to free speech, Free speech, Freedom of Speech, Jury trial, Standing, Victim, Permission, Prior restraint, Protection of journalistic sources, s10 Contempt of Court Act 1981, European Commission, Adequacy Decision, UK Adequacy, Data Protection, Data Protection Act 2018, Online Safety Bill, Freedom of Information Act 2000, Compensation, Damages, Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland [GC] (931/13), Douglas v Hello! Ltd [2001] QB 967, s12 Human Rights Act 1998, Clause 2(a) Bill of Rights, Clause 3(1) Bill of Rights, Clause 3(3)(b) Bill of Rights, Clause 4(1) Bill of Rights, Clause 9(2)(d) Bill of Rights, Clause 15(1) Bill of Rights, Clause 17(3) Bill of Rights, Clause 18(1) Bill of Rights, Clause 21 Bill of Rights, Sir Cliff Richard v (1) BBC and (2) Chief Constable of South Yorkshire Police [2017] EWHC 1291 (Ch), Clause 22 Bill of RightsComment
I Always Feel Like Somebody's Watching Me
I Always Feel Like Somebody's Watching Me

In this presentation, to coincide with London Tech Week 2022 and the Future of Work Summit, Handley Gill identifies the legal and regulatory issues arising from the deployment of employee monitoring and surveillance technologies in the hybrid workplace, and provides guidance on how to establish a compliant programme.

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Nicola CainPersonal Data, Data Protection, UK GDPR, Data Protection Act 2018, Human Rights, Human Rights Act 1998, European Convention on Human Rights, Article 8, Article 8 European Convention on Human Rights, Privacy, Surveillance, Employment Law, Employee Monitoring, Workplace Monitoring, BYOD, Bring Your Own Device, Computer Misuse Act 1990, Investigatory Powers Act 2016, Bărbulescu v. Romania (app no. 61496/08), Trust & Confidence, Hybrid Work, Remote Work, Right to Private and Family Life, London Tech Week 2022, Future of Work Summit, Investigatory Powers Regulations, CogX, Data ControllerComment
Exclusive: Information Commissioner’s Office kisses source protection goodbye
Exclusive: Information Commissioner’s Office kisses source protection goodbye

Exclusive: Information Commissioner’s Office breached obligations when targeting journalists’ sources by conducting raids over Hancock snog CCTV footage

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EnforcementNicola CainData Protection, Personal Data, Data Protection Act 2018, DPA 2018, Data Offences, Data Protection Offences, Data Protection Enforcement, Law Enforcement, Journalism, Special Purposes, Schedule 2 Part 5 Data Protection Act 2018, Journalistic Source, Confidential Source, Source Protection, Unlawful Disclosure, s.170 Data Protection Act 2018, Search Warrant, Schedule 15 Data Protection Act 2018, Data Breach, Unlawful processing, Information Commissioner, Whistleblowing, Freedom of Expression, Article 10 European Convention on Human Rights, Human Rights Act 1998, Police and Criminal Evidence Act 1984, Data Reform Bill, Journalism CodeComment