DATA PROTECTION EXPERT INSIGHTS

Expert Insights aims to provide you with the latest information and commentary from data protection experts.

Discover new research from Nigel Gooding, and catch up on the latest webinars. Keep checking back to see more insights and analysis on the latest in data protection.

RESEARCH PAPERS

Written by industry expert Nigel Gooding, this selection of research papers has been made available for you to read for free. 

These papers explore concepts in the data protection sphere at a deeper level, analysing the policies and legislation that make up the regulations currently in place. 

Did the implementation of the UK Freedom of Information Act 2000 represent a fundamental shift in the balance of power between the state and the citizen?

In this paper, they progressed the argument that this is a constitutional right, due to its political nature and its role in protection of democracy.  To support that proposition, they proposed four “theoretical” justifications by which to judge the necessity of legislation to meet the requirements of real constitutional effect. These being:

  • Political-Democratic Justification
  • The Instrumental Justification
  • The Proprietary Justification
  • The Oversight Justification—Transparency

The report uses these four tests to analyse the report question. The report concludes that the FOIA did meet represent a fundamental shift to the public.

Read the Paper Now

Has the legal right to access personal data been diluted by the English and Welsh courts?

A critical analysis of the English and Welsh Courts application of the right to access in the 1984 and 1998 Data Protection Acts, set alongside the expectations of the law makers, to establish whether the Courts have diluted the intention of the executive.

This report considers the meaning of the legal right to access personal data, hereafter known as, the right of access, from a Data Controller [1].  The report will analyse the intention of the lawmakers in the development of the right.  The analysis will use the Data Protection Act 1984 [2] as a starting point (the 1984 Act), and the 1998 Data Protection Act (the 1998 Act) [3] as the concluding legislative reference on the introduction of the General Data Protection Regulation [4] (the GDPR) in 2018.

Find out more and read the paper here.

FREE WEBINARS

Explore our free to view webinars. Hosted by a team of data protection experts, our webinars open the discussion about a wide range of topics. Discover the latest thinking on data protection, from the legal aspects to technological advances. The links below will take you to the video recording on YouTube.

Cyber Security in a COVID World

Hear about:

  • The Impact of Covid-19 on Cyber Security
  • Increases in attacks as a result of Covid-19 and UK Government’s response
  • Cyber security community responses for Covid-19
  • The changing threat landscape as a result of Covid-19

A Pain in the SARs: Managing Subject Access Requests in the Pandemic

Learn more about:

  • Covid19 and how the DSAR landscape has changed for Controllers?
  • What is a reasonable and proportionate search, and what about paper files?
  • Third parties and their data: can we release it, what is redaction all about?
  • What makes a good DSARs policy in the Covid World?
  • Recent cases affecting and influencing Subject Access rights

Freedom of Information and Environmental Information Regulations

Get insights on:

  • New developments in FOI case law
  • Vexatious requests
  • Where the public interest line is being drawn
  • The FOI/EIR border

Standard Contractual Clauses, EU Reps, and Cookies

Discussions on the following key topics:

  • The European Data Protection Board has just issued their new Standard Contractual Clauses. What does that mean for EU Countries transferring personal data with the UK and other 3rd Countries such as UK and India?
  • The Dutch regulator has fined a company for not having an EU representative. Why did that come about, and what are the requirements for companies outside the EU for EU reps and now UK reps?
  • Cookies are back in the news again. What is new here?

Discover upcoming webinars and courses on our upcoming events page.

KEEP UPDATED

Use the forms below to sign up for our monthly newsletter to ensure you keep up to date with the latest from the Data Privacy Advisory Service, including our new expert insights.

If there is a topic or area of data protection that you are keen to know more about, let us know, and we’ll ask the experts to answer your query.