*/
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.
Barbara Mills KC, the new Chair of the Bar, outlines some key themes and priorities
Rachel Davenport, Co-founder and Director at AlphaBiolabs, discusses the role that drug, alcohol and DNA testing can play in non-court dispute resolution (NCDR)
Casey Randall explores what makes AlphaBiolabs the industry leader for court-admissible DNA testing
By Louise Crush of Westgate Wealth Management
A family lawyer has won a £500 donation for her preferred charity, an education centre for women from disadvantaged backgrounds, thanks to drug, alcohol and DNA testing laboratory AlphaBiolabs’ Giving Back campaign
Louise Crush of Westgate Wealth Management highlights some of the ways you can cut your IHT bill
What's it like being a legal trainee at the Crown Prosecution Service? Amy describes what drew her to the role, the skills required and a typical day in the life
Barbara Mills KC wants to raise the profile of the family Bar. She also wants to improve wellbeing and enhance equality, diversity and inclusion in the profession. She talks to Joshua Rozenberg KC (hon) about her plans for the year ahead
Are Birmingham’s Intensive Supervision Courts successfully turning women offenders’ lives around? Chloe Ashley talks to District Judge Michelle Smith
Professor Dominic Regan and Seán Jones KC identify good value bottles across the price spectrum – from festive fizz to reliable reds
Governments who play fast and loose with the law get into real trouble, says the new Attorney General. The Rt Hon Lord Hermer KC talks to Anthony Inglese CB about what drew this boy from Cardiff to the Bar, bringing the barrister ethos to the front bench, and how he will be measuring success