Gary Foster

The interplay of AI, data and the role of the human in litigation was brought under the lens at our morning fireside chat yesterday, held in collaboration with Epiq for #LIDW24. Chaired by court reporting expert Lorraine Medcraft and insights from our CRO Peter Nussey and partner Guy Pendell from CMS UK. One key discussion takeaway underscored how data and AI outputs can serve as crucial anchors and reference points at various stages of litigation, but human judgment and creative thinking remain essential in their application and in determining final outcomes. #legaltech #DisputeResolution

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In advance of Pinsent Masons' AI conference on 4 July, Philip N. and Karl Simons OBE have produced this article published in SHP: The impact of AI on H&S management and legislative compliance #healthandsafety

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Many defendants in data protection proceedings will have experienced claims which also plead a misuse of private information (MPI). Often, on the face of things, the latter appears to add nothing to the data protection claim, but there can be procedural and costs/other financial implications. Importantly, where claimants have secured after-the-event (ATE) insurance, premiums can be recovered from losing defendants (as there is an exception for certain claims, including MPI ones, to the general rule introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, by which ATE premiums became generally irrecoverable between parties). This can be perceived as a factor which might impel defendants to settle otherwise weak claims. The practice of bundling data protection and MPI claims (sometimes with a bonus breach of confidence claim) in “data breach” proceedings was struck a blow in 2021, when Mr Justice Saini, in Warren v DSG (https://lnkd.in/eFfC-5aT), held that, as both MPI and breach of confidence require there to have been a “use” - a “positive action” - they do not impose a data security obligation on a defendant, or create liability where the defendant was, instead, alleged to have *failed* to do something. This inevitably led to a drop in claims pleading MPI (and breach of confidence) in data security cases, but not a complete stop: after all - I imagine some claimant lawyers thought - a claim can still be pleaded as a MPI claim, even if it might not look like one (following Warren v DSG). However, in a costs judgment from September last year, but only recently published, Deputy Costs Judge Roy held that a “spurious” (as opposed to a “genuine”) MPI claim (in Saini J’s characterisation “an unconvincing attempt to shoehorn the facts of the data breach into the tort of MPI”) can’t avail itself of the ATE premium irrecoverability exception. (The claim was against Equiniti, but seems to be separate to the recent attempted group litigation against the same defendant - see https://lnkd.in/eHxtPg9T) I suspect the story is not entirely over. Claimants will quite possibly say “yes, spurious MPI claims can’t be shoehorned into data protection claims, but this one - Judge - is not spurious on the facts”. Nonetheless, the days of portmanteau data breach claims seem to disappearing into the past. https://lnkd.in/e4WcbQV2

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An Introduction to The #AI Act: What You Need To Know The DPO Centre Ltd Read full article here 👉 https://ow.ly/YzLi50TmGEA #AIRegulation #AIAct #TechLaw #DataProtection #GDPR

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An Introduction to The #AI Act: What You Need To Know The DPO Centre Ltd Read full article here 👉 https://ow.ly/YzLi50TmGEA #AIRegulation #AIAct #TechLaw #DataProtection #GDPR

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An Introduction to The #AI Act: What You Need To Know The DPO Centre Ltd Read full article here 👉 https://ow.ly/YzLi50TmGEA #AIRegulation #AIAct #TechLaw #DataProtection #GDPR

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An Introduction to The #AI Act: What You Need To Know The DPO Centre Ltd Read full article here 👉 https://ow.ly/YzLi50TmGEA #AIRegulation #AIAct #TechLaw #DataProtection #GDPR

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An Introduction to The #AI Act: What You Need To Know The DPO Centre Ltd Read full article here 👉 https://ow.ly/YzLi50TmGEA #AIRegulation #AIAct #TechLaw #DataProtection #GDPR

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Maria Spencer has written this helpful article covering lawfully monitoring employees in the workplace. If you have any questions or would like to discuss the issues it raises, then please do get in touch with us. #dataprotection #dataprivacy #employeemonitoring #privacy

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Head of lawtech and chief knowledge and innovation officer, Chris Tart-Roberts, has been quoted in a LexisNexis UK report discussing the biggest opportunities, risks and challenges of implementing AI into the practice of the law. Find out more: https://ow.ly/nw9e50TvWYF (paywalled). #LegalTechnology #Lawtech #AI

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The ICO are cracking down on cookie compliance! Is your website taking the biscuit? 🍪 We’ve been talking to Tom Gell, data protection expert at Trust Keith • The DPO-aaS for Scale-Ups and ISO Serious, about cookies. You might think that you have this covered, but it’s a fast-moving area and many organisations don’t realise they are out-of-date and failing to comply with the law. Tom shares his list of the top 7 things you need to know below to help ensure you measure up... 1️⃣ There are two types of cookies 2️⃣ Analytical cookies  3️⃣ Other tracking technology 4️⃣ Changing law 5️⃣ 3rd party providers 6️⃣ "Reject all"  7️⃣ Countries If you want to discuss any of the above or if would like us to check your cookie policy for compliance please get in touch on [email protected]. You may also want to check out our previous blog on why do I need a cookie notice (linked below). #Cookies #Compliance #CookiePolicy #DataProtection Mitchell Omer

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Starting training a Luton Law firm on their new case management system today. Moving onto a cloud based system from a paper-based approach with an accounting package. https://lnkd.in/defAAdDU for the systems we support: LEAP, Proclaim, Clio & Actionstep. #legalprofession #solicitors #legaltech #lawfirm #lawyers

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I've seen this a few times recently. ICO relies on a (non-binding) judgment from 2005 of the First-tier Tribunal on the issue of the inherent weight to be accorded to the principle of legal professional privilege, rather than the proper authorities - here, primarily, DBERR v O'Brien & Anor [2009] EWHC 164 (QB). Are their Lines to Take out of date? Or maybe they're using FOIMan's helpful, but also out of date, "exemptions index"? https://lnkd.in/enAaDvMa https://lnkd.in/e9J9k8GX

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As there's no single piece of UK legislation that governs the use of #technology and #AI in an employment context, employers should be aware of the principles set out across a patchwork of legislation and case law. Exclusive legal guidance for CIPD members: https://ow.ly/eICu50SqG5T #UKEmpLaw #EmploymentLaw #CIPDMembers #CIPD

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The High Court case Harrison v Cameron and ACL [2024] EWHC 1377 (KB) is a game-changer for Subject Access Requests (SARs) in the UK. Excello Law Data protection partner Paula Williamson breaks down this landmark case, which clarifies that requesters are entitled to know the identities of individuals their data has been shared with. This case highlights the responsibilities of data controllers and the specific purposes of SARs under UK GDPR. Paula's detailed analysis explains the implications and future precedents set by this decision. Read the full article here: https://lnkd.in/e9FevMp2 #DataProtection #GDPR #SAR #LegalUpdate #PrivacyLaw #HighCourt

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