Becoming excited about data protection

first_imgI was on a conference panel recently with an Irish solicitor who gushed enthusiasm for data protection, and made it sound… well, interesting. I carefully watched him perform his schtick, and I’m now ready to sing and dance for you on the same subject. Here come the opening bars. Earlier this year, the European Commission proposed a major reform of the data protection legal framework. They cited the following as reasons: recent technological progress, globalisation, national divergences in enforcement of the current legislation, and trying to save businesses lots of money through simplification (around €2.3bn a year). The commissioner for justice touts it as one her ‘Justice for Growth’ initiatives – but then she sees many things under that heading. There are two legislative proposals in the data protection package: a Regulation setting out a general EU framework for data protection, and a Directive on protecting personal data in criminal investigations. So far, so dry. But it has sparked passionate arias. One of the high-profile aspects of the Regulation is what has been termed ‘the right to be forgotten’ – in other words, the right to have material about yourself removed from the internet or other electronic location. I agree with that right. If there was a photo which I wanted removed from the internet – the Gazette photo which accompanies these blogs, say, which looks nothing like the Brad Pitt I resemble – I should be able to remove it. But not everyone agrees. Some say that the right conflicts with freedom of expression and freedom of the press. As a further example, I might be able to delete whatever I have posted myself on Facebook, but should I have the right to delete others’ comments about me on their own Facebook accounts and which I do not like, assuming that they are not defamatory? Then there is the fact that there are two pieces of legislation on the one topic, the Regulation (for everyday protection) and the Directive (for criminal investigations). They have doubtless been separated because the Commission was afraid that the member states would never allow the passage of legislation which limited their trafficking of data on criminals, and so the Commission removed crime in the hope that the general Regulation would pass easily. But the European Data Protection Supervisor (EDPS) has said that ‘[t]he processing of personal data in the area of police and judicial cooperation in criminal matters, which by its very nature poses specific risks for the citizen, requires a level of data protection at least as high as under the proposed Regulation, if not higher due to its intrusive nature and the major impact such processing may have on the individual’s life’. It describes the Directive – which is for criminal investigations – as ‘a self-standing legal instrument which provides for an inadequate level of protection, by far inferior to the proposed Regulation’. One of its particular concerns is the lack of legal certainty for the subsequent use of personal data by law enforcement authorities, and the absence of a general obligation for law enforcement authorities to demonstrate their compliance with data protection requirements. My own organisation, the Council of Bars and Law Societies of Europe (CCBE), has called upon the EU institutions to create a single comprehensive data protection regime that meets a consistent and high level of data protection. The CCBE’s concern is also that legal professional privilege should be protected. As so often in draft legislation, the needs of professional secrecy are ignored. We have drawn attention to a number of provisions which, in our opinion, need to be changed. Under the current draft, a lawyer might be required to provide a client’s opposing party with information, and grant this party access to their data which was made known to him or her, provided the lawyer has recorded the data – which is clearly unacceptable. On top of that, we have called for bars or law societies to be able to be sectoral supervisory bodies, to fulfil the function of supervisory authorities in place of territorial supervisory authorities. This is again not only to protect professional secrecy, but also because the powers available to a supervisory authority include the ability to impose a temporary or permanent ban on the processing of data. It would be impossible for a lawyer to function without being able to process data; so the exercise of this power would amount to a breach of the fundamental principle of the independence of the legal profession, as it could be equivalent to a removal from practice of a lawyer by a person other than the appropriate professional regulatory authority. As you can see, there is a lot to be excited about… before the curtain falls. Jonathan Goldsmith is secretary general of the Council of Bars and Law Societies of Europe, which represents about one million European lawyers through its member bars and law societies. He blogs weekly for the Gazette on European affairslast_img read more

Civil procedure: capacity and compromise

first_img Facts and issues Masood Ahmed, University of Leicester Interpreting CPR 21 Imperial Loan Bean J then considered how CPR 21 should be interpreted. He noted that a protected party must have a litigation friend to conduct proceedings on their behalf. Also, CPR 21.3(4) stated that any step taken before a protected party has a litigation friend (other than the issue of a claim and an application for the appointment of a litigation friend, which are dealt with earlier in rule 21.3) has no effect unless the court orders otherwise. Turning his attention to CPR 21.10(1), Bean J noted that the rule applied to claims made ‘by’ as well as ‘on behalf of’ a protected party; and that ‘protected party’ is defined by CPR 21.1(2) as ‘a party, or an intended party, who lacks capacity to conduct the proceedings’. In other words, a party who in fact lacks capacity to conduct the proceedings is protected, even though he or she has not been officially declared to be such and is not acting by a litigation friend. It should also be noted that the rule applies whether or not the party in question is legally represented. Bean J held: ‘In my judgment it is clear, as Ward and Arden LJJ held in Bailey v Warren, that CPR part 21 applies to invalidate a consent judgment involving a protected party reached without the appointment of a litigation friend and the approval of the court, even where the individual’s lack of capacity was unknown to anyone acting for either party at the time of the compromise.’ Bean J remarked that he had reached this conclusion as a matter of statutory interpretation but he also emphasised that, if the policy consideration of finality of litigation and certainty were taken into account, then the same result would be reached. Dunhill v Burgin is extremely significant as it is the first case which authoritatively deals with the compromise rule. It is now clear that a party who lacks capacity to conduct litigation is protected even though he or she has not been officially declared as lacking capacity. Furthermore, the rule applies regardless of whether or not the party in question is legally represented. It is also clear from Bean J’s comments that the courts will always seek to protect vulnerable individuals. center_img Civil Procedure Rule 21.10 provides that where a claim is made by or on behalf of a party who lacks capacity to conduct the proceedings (a child or protected party), no settlement of that claim shall be valid without the approval of the court. The issue before Bean J in Dunhill v Burgin [2012] EWCH 3163 (QB) was whether the rule applies to a personal injury claim, settled at the door of the court, where at the time of the settlement the claimant was not known to lack capacity. Lord Pearson described this rule in Dietz v Lennig Chemicals [1969] 1 AC 170 as the ‘compromise rule’. However, despite the rule having been in existence for over 100 years, it had never been authoritatively decided until Dunhill. Bean J noted that the Imperial Loan issue had been considered, but not decided, in two cases: Masterman-Lister v Brutton and Co [2003] 1 WLR 1511 which was later followed in Bailey v Warren [2005] PIQR P15. In Masterman-Lister there had been a trial of the issue of whether the plaintiff had lacked capacity at the time of compromising his personal injury claim. The trial judge found that he had not and that conclusion was upheld in the Court of Appeal. However, Lord Justice Chadwick, despite referring to Imperial Loan, did not decide the issue nor was it fully argued in Bailey v Warren. Thus, Bean J found that there was no binding authority on the point. Bean J then considered the defendant’s argument that CPR part 21, in particular rule 21.10, should be interpreted so as not to conflict with Imperial Loan. The claimant accepted that Imperial Loan v Stone (and Hart v O’Connor [1985] 2 All ER 880, [1985] AC 1000) were still good law, but tried to distinguish the cases. One involved a promissory note, the other a contract for the sale of land. Also, the claimant argued that neither case had anything to do with litigation. The claimant argued that rules about the compromise of litigation are part of the rules governing the conduct of litigation, and thus matters of ‘practice and procedure to be followed in the civil courts’, rather than part of the general law of contract. Bean J accepted the claimant’s arguments and pointed to Gibbon v Manchester City Council [2010] 1 WLR 2081 in which the Court of Appeal held that CPR part 36 was a self-contained code to be read and understood according to its terms and without importing rules derived from the general law of offer and acceptance, save where that was clearly intended. Thus a part 36 offer, even if rejected by the offeree, remained open for acceptance until and unless it is withdrawn by the offeror. The claimant was injured after she had been stuck by the defendant’s motorcycle. The matter was subsequently settled on the day of the trial on 7 January 2003. The settlement was mentioned to the judge and a draft consent order was handed in, which was approved. Sometime later, doubts emerged about the claimant’s capacity. It was alleged that, at the time of the compromise, she had been a patient within the meaning of the Mental Health Act 1983. In December 2008 the claimant, this time acting by a litigation friend, issued proceedings in negligence against her counsel and solicitors who represented her in 2003. On 11 February 2009, the claimant, again by a litigation friend, issued an application in the original 2002/3 proceedings, seeking a declaration that she did not have capacity at the time of the purported settlement of her claim on 7 January 2003 and, on that basis, applied for the 2003 order to be set aside and for directions to be given for the future conduct of the claim. The two preliminary issues to be decided were: (1) Did the compromise and consent judgment made on 7 January 2003 require court approval?(2) If it did require approval, should it be approved now? The defendant submitted that the issue was whether part 21 of the Civil Procedure Rules bites on cases like the present where a claimant issues proceedings in her own name, without a litigation friend, and reaches a compromise when the defendant does not know of the alleged incapacity. The defendant argued that if part 21 was inapplicable, there had been no requirement for the January 2003 compromise to be approved and the settlement could therefore not be reopened (see The Imperial Loan Company Ltd v Stone [1892] 1 QB 599). Bean J referred to this issue as the Imperial Loan issue. The Imperial Loan issue was not resolved at the preliminary hearing. At that hearing, the judge held that the claimant did have capacity to enter into the settlement agreement. This decision was subsequently reversed by the Court of Appeal and the matter was referred back to the High Court for case management. In July 2012, Hamblen J gave directions for the trial of the remaining preliminary issue: does CPR part 21.10 have any application where the claimant brought a claim in contravention of CPR part 21.2, so that in the eyes of the defendant and the court she appeared to be asserting that she was not under a disability?last_img read more

Legal aid contract challenges extended to May

first_imgChallenges to the government’s tender process for criminal legal aid have thwarted the government’s revised timetable to start new contracts.The Ministry of Justice was hoping to begin the new duty provider contracts on 1 April. However, a judicial review, sought by the Fair Crime Contracts Alliance, will open on 7 April and is expected to last seven days.A hearing into more than 100 individual procurement law challenges, sought in accordance with part 7 of the Civil Procedure Rules, will begin on 3 May and is expected to finish on 16 May.In a further twist, London firm Edward Fail, Bradshaw & Waterson says it lost out on a new contract as a result of a ‘basic transcription error’ in the marking of one of its bids.London firm Bindmans, which is representing EFBW, said the Legal Aid Agency has ‘now admitted that it made a basic transcription error in scoring at least one of EFBW’s bids, and that consequently EFBW should have been awarded a contract in Hackney’. Last Wednesday, Bindmans applied for a summary judgment in a claim challenging the contract decision.A spokesperson for the MoJ said it was defending the legal challenges ‘and it would not be appropriate to discuss individual cases that are subject to ongoing litigation in the courts’.last_img read more

RFF presents €15bn modernisation plan

first_imgFRANCE: Investment totalling €15bn over six years would be concentrated on the conventional network to improve reliability, capacity and safety under a plan which infrastructure manager RFF has submitted to Transport Minister Frédéric Cuvillier.The minister requested the plan following a third audit undertaken by the École Polytechnique Fédérale de Lausanne last year.To improve the reliability of both passenger and freight services, the number of incidents caused by infrastructure failures would be reduced and the resilience of the network improved to reduce external causes of delay such as level crossing accidents, cable theft and vandalism. Better operating procedures would reduce the impact of incidents causing delay.Measures to increase capacity include further deployment of GSM-R and ETCS and prioritising investment at key locations such as Paris Lyon, Lyon Part-Dieu and Marseille. RFF says that the number of trains that can be operated on the busiest high speed lines, such as Paris – Lyon, would also be increased. Safety improvements would include a target to cut by half the number of fatalities caused by trespass on the network. The plan also aims to make journeys ‘simpler’ through the introduction of regular-interval timetables, accessibility improvements and better provision of information. RFF President Jacques Rapoport said that the plan aimed to create a modern, reliable and comfortable network for the nation. ‘That will be the main task of the future single infrastructure manager’, he said, with plans for creating this entity known as GIU to be presented to parliament shortly.last_img read more

Remote fishplate monitoring prototype unveiled

first_imgIAF: Among the products being launched by small plant specialist Robel at the IAF trade show in Münster on May 30 is a remote monitoring system for fishplates. The tool is intended to remove the need for manual inspection of temporary track repairs. Sensors mounted either side of the rail joint monitor both lateral movement and rail deflection; if uneven movement between the two sensors is detected, an alert can automatically be sent by SMS or email to inform maintenance staff. Having launched the tool at IAF, Robel is seeking a sponsor for field trials. These are likely to take place in the UK on Network Rail infrastructure under the Digital Railway programme.last_img read more

Dr. Trevor Munroe to speak at Caribbean Network lecture

first_imgDr. Trevor Munroe Professor to highlight critical Diaspora issuesPOLITICAL scientist, former trade union leader and politician Dr Trevor Munroe will be delivering the 12th Annual CIN Lecture at Harlem’s Schomburg Center for Research in New York in October. The Lecture will be held at Harlem’s Schomburg Center For Research In Black Culture in New York on October 20.The series seeks to provide a platform Caribbean political leaders and academics “to reflect on regional affairs and provide hope and direction for the future,” says Stephen Hill, the Jamaican founder and CEO of Caribbean International Network (CIN), which broadcasts Jamaican programmings to an estimated 18 million viewers in the New York Market.“The annual lecture attracts capacity audiences to participate in this unique exchange between Caribbean thought leaders and members of the New York Caribbean community,” Hill says.Munroe, who is also executive director of National Integrity Action (NIA), the Jamaican Chapter of Transparency International.last_img read more

Campaigning for Jamaica’s September 3 Elections Blindsided by COVID

first_imgThe Jamaica Manufacturers and Exporters Association (JMEA) also joined the calls, urging the two major political parties to immediately stop physical campaigning, saying that “if our people are not disciplined enough to abide by the protocols, then our leaders must do what is right for the country, finding the balance between lives and livelihoods.”  Holding general elections during a global pandemic has proven to be one of the most difficult tasks for CARICOM countries and even major countries like the United States. Following Trinidad and Tobago’s August 10 elections, that country has seen a massive increase in cases and subsequently went into partial lockdown. From Thursday, August 20 to Monday, August, 24- a four day period, Jamaica saw an increase of 420 COVID-19 cases and two additional deaths.   The People’s National Party’s general secretary, Julian Robinson, also announced that the party, with immediate effect, would be suspending its large motorcades and drive-throughs to minimize the potential incidence of large gatherings. The ministry of health has urged the island to brace for a further increase in COVID-19 cases following the mass political gatherings from the island’s Nomination Day on August 18. Following the current trends, Jamaica’s COVID-19 cases are expected to be near or surpass to 2,000 mark well before Election Day. But ironically, it is not only average citizens that have been disregarding the safety protocols. Since the announcement of the general election date in early August, members of both political parties have engaged in massive motorcades, rallies and other forms of mass campaigning that have contributed to the spread. Interestingly, although some Jamaicans were opposed to the reopening of the island’s tourism sector back in July, fearing spike in cases from visitors from places like the U.S. where COVID was rampant, there are scant indications of high volume of tourist imported cases. There are relatively few cased of COVID along the tourist corridor from Negril to Portland on the north coast of the island.  “What that would mean is that persons would be engaged in the administrative component of preparing for an election day activity, but the typical approach to campaigning, to meetings and motorcades and so on, he will not be engaged in those traditional activities,” Tufton said. Ahead of Jamaica’s September 3 general elections and amid a spike in COVID-19 cases, residents and major entities on the island have called for politicians to either change their campaigning methods or put off the elections. “These activities have proven to be difficult in the enforcement of social distancing and other COVID-19 protocols,” Robinson said in a statement, adding that the party’s campaign teams across the island would intensify the distribution of voter’s guides to electors and continue house-to-house engagement as part of its electioneering exercise. Immediately following the statement, at a local press conference, Health Minister Dr. Christopher Tufton announced that Prime Minister Andrew Holness, and by extension the Jamaica Labor Party, was suspending his traditional political campaigning activities. Jamaica’s gradual spike in case, even before the election date was announced, had already impacted the polls because it could well mean a possibly lower voter turnout and the lack of input from Jamaicans from the diaspora who are unable to fly to the island to vote because of the quarantine rules. “The present increase in cases is serious, and we want everybody to remain well and be here for the September 3 general election. That can only be achieved by compliance with the health and campaigning protocols as well following guidelines communicated to the public from time to time,” he said. As Jamaica now begins the phase of community spread, with cases becoming more random, the Ministry of Health has placed the blame on large parties and mass public gatherings for the new spike in cases. Most of the new and existing cases are reported to be in St. Catherine, Kingston and St, Andrew and St. Thomas on the southern and south-east sections of the country, which are currently not included in the approved tourist zone.last_img read more

Official Funeral for Ronald O. P. Armour, Former Member of the House of Assembly

first_img Share Share Sharing is caring! 89 Views   no discussions Sharecenter_img Tweet LocalNews Official Funeral for Ronald O. P. Armour, Former Member of the House of Assembly by: – August 21, 2017 Flag of the Commonwealth of DominicaPress ReleaseRoseau, Dominica (August 17, 2017) —The Government of Dominica has afforded the late Ronald O. P. Armour, an Official Funeral on Monday, August 21, 2017. The Government has declared Monday, August 21st an official day of mourning as a mark of respect for the former Government Minister. The Dominican flag shall be flown at half-staff on all public buildings in the State on the day of mourning, Monday, August 21, 2017. Ronald O. P. Armour served as a Member of the House of Assembly representing the Roseau South Constituency between January 7, 1966 and March 24, 1975. Edward Le Blanc appointed Armour as Minister of Communications and Works on March 1, 1967. He had the distinction of being the youngest Minister of Government at the time.In September of 1970, Armour became the Minister of Education and Health following a Cabinet reshuffle. Following the October 26, 1970 General Elections, Armour was appointed the new Minister of Finance, Trade and Industry and Deputy Premier of Dominica. On January 1, 1973 his portfolio was changed to Finance and Development while maintaining the designation of Deputy Premier.In his earlier years, Armour qualified in law at the University of London in the United Kingdom in 1961 and gained a diploma in Economics and Social Administration from the London School of Economics in 1963. He was an active member of several student groups including the West Indies Students Union, the Afro-Caribbean Society and the Africa Society.The late Ronald O. P. Armour was born on Monday, June 17, 1940 and passed away on Monday, August 7, 2017.His Excellency the President Charles Savarin, Prime Minister the Honourable Roosevelt Skerrit, Speaker of the House of Assembly Alix Boyd-Knights and other Members of Parliament, Government Ministers and other Government Officials are expected to attend the Official Funeral for Mr. Ronald O. P. Armour. The Official Funeral will be held at the Mount Wallis Methodist Church in Portsmouth on Monday, August 21, 2017 from 3:00 p.m. Viewing of the body will take place between 2:00 p.m. and 2:55 p.m. The late Ronald O. P. Armour will be laid to rest at the Armour family burial ground in Blenheim.last_img read more

Bago rules Negros prov’l meet arnis

first_imgThe secondary boys hauled eight gold,a silver and a bronze medal, and the girls four gold, a pair of silver, and abronze medal. BACOLOD City – The Bago City Arnisteam, representing Area 4, was hailed as overall champion in the arnis event ofthe recent Negros Provincial Meet 2019 at the Bacolod Arts Center here. Most of the arnis players from BagoCity were from Ramon Torres National High School and Bago City ElementarySchool. The Bago City contingent hauled atotal of 23 gold medals, six silver and two bronze medals. “I want to thank everyone – theparents, YSAC, friends, and relatives who tirelessly came everyday to the venueto cheer and gave support. Above all to, I thanked our loving and gracious Godfor this achievement,” Martir said. Area 4 head coach Brian Martir saidthat with their 2019 Provincial Meet journey finished, they will now shifttheir focus to the forthcoming WVRAA meet in Aklan on February 2020. Bago City arnis team. PHOTO COURTESY OF BRIAN MARTIR The elementary boys tallied five goldand silver medals while the girls got six gold and a silver medal. Settled overall first runner-up inthis event is Bacolod City with 10 gold, 20 silver and 8 bronze medals followedby Negros Occidental High School (Area 9) three gold, eight silver, and ninebronze medals./PNlast_img read more

Tukang Gorengan ini Gunakan ‘Kantung Muntah’ Garuda Indonesia Sebagai Bungkusnya

first_img“Untuk teman-teman yang naik pesawat jangan gunakan kantong muntah untuk bungkus makanan. Kalau kantong ini kena basah akan mengeluarkan antiseptik,” tulis Ratu Fauziyah mengawali statusnya, dikutip KabarPenumpang.com dari laman brilio.net.Penggunaan antiseptik di dalam kantung muntah ini mungkin terdengar masuk akal, karena fungsi dasar benda ini adalah sebagai wadah untuk kotoran (muntah), dan sudah sewajarnya jika kantung ini dilengkapi dengan antiseptik agar bakteri atau virus yang ada di dalam kotoran tersebut tidak menyebar. Dan jika Anda perhatikan dengan seksama di kantung muntah tersebut memang terkandung antiseptik.Mungkin secara kasat mata, penggunaan kantung muntah ini terlihat lebih bersih ketimbang menggunakan kertas buram atau HVS biasa. Tapi ternyata asumsi tersebut terbantahkan dengan adanya kandungan antiseptik di dalamnya.Baca Juga: Keluar Bandara Ini, Wisman Dilarang Menggunakan Kantong Plastik, Kenapa Ya?Gorengan yang masih panas ketika dimasukkan ke dalam wadah kertas atau kantung muntah akan mengeluarkan uap air (atau yang biasa disebut keringat). Bedanya, kalau di wadah kertas buram atau HVS, uap air yang dihasilkan oleh gorengan tersebut hanya akan membuat permukaan wadahnya basah – tapi tidak dengan kantung muntah yang akan mengeluarkan antiseptik.Duh, alih-alih bikin kenyang, yang ada kalau makan gorengan yang menggunakan bungkus kantung muntah malah bikin kita sakit, ya!Terkait dengan penggunaan kantung muntah sebagai bungkus gorengan, pihak Humas Garuda Indonesia memberikan keterangan kepada KabarPenumpang.com, bahwa yang ditampilkan dalam foto di atas adalah ‘desain’ kantung muntah yang lama. Meski tak membantah adanya peristiwa tersebut, pihak Garuda Indonesia memperlihatkan desain kantung muntah yang baru.Desain kantung muntah ‘baru’ Garuda Indonesia. (Sumber: Humas Garuda Indonesia)Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Like this:Like Loading… RelatedTerpaksa Gunakan Kantung Muntah? Baca Dulu Tips Ini09/06/2017In “Bus AKAP”Jadi Viral, Menu Kelas Bisnis Ditulis Tangan, Garuda Indonesia Minta Maaf Pada Vloger16/07/2019In “Featured”Bilik Toilet di Bandara Narita Dilengkapi Kertas Tisu Untuk Smartphone25/10/2019In “Bandara” Sumber: istimewa Di sini, siapa sih yang tidak suka makan gorengan? Nampaknya semua orang suka dengan cemilan yang biasa dijajakan dipinggir jalan ini, ya! Bermodalkan kertas – biasanya kertas buram yang biasa digunakan pelajar untuk menghitung di pelajaran matematika, atau kertas HVS yang sudah tidak terpakai lagi, para pedagang gorengan ini menjadikan kertas-kertas tersebut sebagai wadah untuk para pembelinya. Nah, namun apa jadinya jika kertas yang digunakan untuk membungkus gorengan tersebut adalah airsickness bag atau yang biasa disebut kantung muntah? Apakah Anda masih mau membelinya?Baca Juga: Terpaksa Gunakan Kantung Muntah? Baca Dulu Tips IniYa, pernyataan di atas bukanlah hanya sekedar guyonan belaka karena seorang netizen pernah menemukan tukang gorengan yang membungkus jualannya tersebut dengan menggunakan kantung muntah. Kejadian ini dialami oleh Ratu Fauziyah Vitaloka, dimana ketika mengetahui gorengan yang dibelinya di daerah Tangerang dibungkus dengan menggunakan kantung muntah, ia langsung mengabadikannya dan membagikannya di grup Facebook.last_img read more