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Data protection redress in the UK
Data protection redress in the UK
Data protection redress in the UK
Data protection redress in the UK
Data protection redress in the UK
Data protection redress in the UK
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Data protection redress in the UK

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Presentation of UK research for EU Fundamental Rights Agency comprehensive study of data protection redress mechanisms

Presentation of UK research for EU Fundamental Rights Agency comprehensive study of data protection redress mechanisms

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  • 1. DP redress in the UKDr Ian Brown, University of OxfordUK social science expert for FRA ThematicArea H: Human Rights Issues Relating tothe Information Society
  • 2. Drivers and mechanisms Most frequent violations: disclosure of personal data to unauthorised persons and the refusal of access to personal data held by the police, medical services, social services, employers and others In the great majority of cases the damage caused was emotional distress Mechanisms used: claim in the ordinary courts; taking a complaint to ICO; appealing against a decision of ICO to the Information Rights Tribunal
  • 3. Barriers to redress Lack of awareness and understanding of complex law (little jurisprudence) Limited compensation – only by courts, normally for pecuniary loss, not distress Courts unsympathetic – interpret narrowly, award nominal damages, prioritise FoE Lack of judicial expertise in lower courts – no specialisation, few cases Cost of litigation – no legal aid, cost orders ICO prefers informal approach, individual cases rarely lead to enforcement
  • 4. Possible improvements DPA should be made easier to understand, with distress compensated Judges should be trained in DP law ICO should publish its ‘compliance likely/unlikely’ assessments in DPA cases Legal aid should be granted in DPA cases ICO should have resources for test cases Provision for collective redress
  • 5. Good practices Valuable ICO remedy for data subjects Strong ICO educational role for data controllers about their obligations, and public about data protection law Civil society assistance to data subjects in using redress mechanisms Central and local government ‘one stop’ procedures for complaints
  • 6. Good practices Valuable ICO remedy for data subjects Strong ICO educational role for data controllers about their obligations, and public about data protection law Civil society assistance to data subjects in using redress mechanisms Central and local government ‘one stop’ procedures for complaints

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