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A malleable and complex concept relevant to both privacy and defamation claims which allows for the publication of content on the basis of its contribution to public debate; although it is important to bear in mind that the courts have stated on many occasions that what is 'interesting to the public' on the basis of it being scandalous or newsworthy is not necessarily in the public interest.
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DPA suitability checklist Court's oversight of the interests of justice and fairness, reasonableness and proportionality The UK deferred prosecution agreement (DPA) regime provides for judicial oversight of DPAs. After negotiations as to the terms of a DPA have commenced and before it has been concluded, the court must determine: • whether it is likely to be in the interests of justice, and • that its proposed terms are fair, reasonable and proportionate Therefore, each factor must be supported by clear and persuasive proof in order to seek to persuade the court to approve the DPA. The declarations given under Schedule 17 Part 1, para 8 to the Crime and Courts Act 2013 (CCA 2013) to date provide insight into the court's approach as to when a DPA is suitable and this has, in turn, fed into the prosecutor's approach (see Practice Note: The SFO's approach to Deferred Prosecution Agreements (DPAs) [Archived]). For detailed information on DPAs in general, the process followed by the court when considering whether to...
Grounds for challenge in a public procurement process—checklist This Checklist examines the grounds for challenge in a public procurement process. Procurement challenges are restricted by time limits and bidders need to be aware of how to rectify any breaches as soon as possible. This Checklist sets out the limitation period under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 and the relevant factors that can affect the date this starts. This Checklist also pinpoints potential grounds for challenge in relation to Selection Questionnaires, invitations to tender and standstill letters. Limitation in public procurement proceedings Procurement challenges are subject to relatively short limitation periods. It is therefore important that bidders are alive to potential breaches arising during the procurement process itself. Where a breach occurs, an analysis as to what, if any, action the bidder wishes to take must be undertaken quickly. The courts have consistently held that a bidder that chooses to sit on its hands and await the outcome of the procurement process will not be able to...
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Evaluating an objection to processing request—flowchart This document reflects the UK GDPR regime. References and links to the GDPR refer to the UK GDPR (Assimilated Regulation (EU) 2016/679) unless expressly stated otherwise. The UK General Data Protection Regulation (UK GDPR) provides a number of rights for data subjects, including providing a right to object. Data subjects can make a request to an organisation to exercise their right to object to processing at any time. This is not, however, an absolute right to object—it only applies in specific circumstances. There are strict time limits for complying with requests made. See Practice Notes: • Data subject rights—objection to processing • How to handle data subject requests This Flowchart maps out a process for evaluating a data subject request under the right to object that your organisation receives under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018) together with guidance issued by the Information Commissioner’s Office (ICO). It should be...
Data protection impact assessments—flowchart This flowchart illustrates how to establish whether or not you need to conduct a data protection impact assessment (DPIA) in relation to a particular project, and how to conduct one if it is required. See also Precedents: Data protection impact assessment—DPIA and Data protection impact assessment—DPIA—short form, which is based on a template issued by the Information Commissioner’s Office (ICO). The ICO’s Data Protection Impact Assessments guidance sets out seven steps to conducting a DPIA, whereas the ICO’s Data protection impact assessments guidance sets out a nine-stage process, as shown above. The two processes are broadly the same but the latter is more intuitive and is adopted in this flowchart. Note 1: Identify the need for a DPIA If you have a data protection officer (DPO), ask them for advice. For further information, see Practice Note: How to complete a data protection impact assessment—DPIA—Who should conduct the DPIA? A DPIA is compulsory in the case of: • a systematic and extensive evaluation of personal aspects...
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GB Energy Labelling Regulation (EU) 2017/1369—snapshot Title Assimilated Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (GB Energy Labelling Regulation) Entry into force 1 August 2017 Subject Energy labelling, energy efficiency of products In GB mandatory energy labelling is regulated by: • Assimilated Regulation (EU) 2017/1369 (the GB Energy Labelling Regulation) • Energy Information Regulations 2011 (EIR 2011) • Ecodesign for Energy-Related Products and Energy Information Regulations 2021, SI 2021/745 In-scope products have to comply with the information and labelling requirements contained therein. The EU Energy Labelling Regulation (Regulation (EU) 2017/1369) continues to apply in Northern Ireland post-Brexit. For more on the position in Northern Ireland, see Practice Note: What does the Northern Ireland Protocol (Windsor Framework) mean for the application of environmental law? DESNZ and the Office for Product Safety and Standards have produced guidance on energy information for suppliers and dealers setting out the different requirements...
Application for disclosure of information supplied in order to obtain a warrant The procedure for the hearing of an application for access to the information and material used to obtain a search warrant or comparable order, where the investigator wants the court to withhold that information, is governed by Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759, rr 5.7–5.10. These rules have been amended to codify the decision in Metropolitan Police Commissioner v Bangs, which is analysed in this Practice Note. Does a magistrate have jurisdiction to hear an application? Following Eastenders Cash and Carry v South Western Magistrates Court a magistrate would be correct to adopt the starting point that a claimant was entitled to see the information which persuaded the court to issue a search warrant unless the public interest requires that some or all of the material relied upon should not be disclosed. When a court is considering an application for a search warrant and exercises its statutory power to grant one, the...
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This Precedent is drafted as a letter of claim and is designed to be sent to the editor of a newspaper that has published a defamatory report. For guidance on defamation, see Practice Notes: —Ireland—Defamation law—an overview of the Defamation Act 2009 (Ireland) —Lexology Panoramic: Defamation and Reputation Management—Ireland—Q&A guide Ask the following questions which reflect the underlying merits of a complaint: —is there clear evidence that the statements in question are false? Ensure you are in possession of all the facts prior to sending out a letter of claim —who is the subject of the defamatory material and is their business likely to be of interest to the public? The fact that a public figure has instructed lawyers in respect of allegedly defamatory comments may be as interesting to the public as the original statements and draw more attention to them. A letter of claim may be marked ‘not for publication’ but unless it contains obviously private or confidential information, little may be done to restrain its publication —has...
Ireland—data protection impact assessment—artificial intelligence DPIA screening questionnaire The screening questionnaire should be a concise document and not overly burdensome on the business. However, it needs to provide sufficient information to the DPO/Privacy POC to decide if a DPIA needs to be completed. Like the DPIA itself, the screening questionnaire will be drafted by a multidisciplinary team within the business. All completed screening questionnaires should be approved, time stamped and retained by the DPO/Privacy POC. Where a DPIA is required, it should be kept with the screening questionnaire to avoid duplication. The DPIA template is a continuation of the screening questionnaire. While the screening questionnaire and the DPIA detail AI use in accordance with EU GDPR requirements, companies deploying AI systems also need to factor in their obligations under additional relevant legislation, such as the requirement to carry out a fundamental rights impact assessment (FRIA) under the EU AI Act. While outside the scope of this document, information gathered as part of the screening questionnaire / DPIA exercise will be...
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A company was liquidated and dissolved in the last few years. Former creditors of the company have put evidence to the liquidator and, as a consequence, the liquidator has now made an application to restore the company in order to investigate the matter further. The former directors would like to get a copy of the liquidator's statement in support of the restoration, but the liquidator felt uncomfortable in providing this. What is the best method of securing disclosure of this? The issue to consider will be generally whether a third party can obtain a copy of a witness statement from the court in respect of live proceedings, and whether there are any restrictions on the applicant in the proceedings regarding disclosing a witness statement to non-parties. The status and use of a witness statement will depend on whether it is a draft witness statement or a final one which has been signed off by the witness. Draft witness statements and affidavits are privileged unless and until privilege is waived....
Are legal advisors obliged to respond to people with significant control information request notices under section 790D(5) of the Companies Act 2006? The PSC regime applies to UK incorporated companies limited by shares or guarantee (including community interest companies), LLPs, unlimited companies, unregistered companies, SEs and (as a result of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017, SI 2017/694 (Scottish Regulations)) eligible Scottish partnerships (Scottish limited partnerships and Scottish qualifying general partnerships). These entities are required to update their own registers within 14 days, and to update the information held on the central register at Companies House within a further 14 days (except eligible Scottish partnerships which are not required to keep a PSC register but are only required to deliver PSC information to Companies House within 14 days). The framework of the new regime is set out in the new Part 21A of the Companies Act 2006 (CA 2006), as inserted by Schedule 3 to the Small Business, Enterprise and...
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Financial services analysis: Sara Cody, knowledge consultant at Linklaters analyses the Financial Conduct Authority’s (FCA) new Enforcement Guide (ENFG), considering what has changed in the FCA’s approach to publicising investigations and outlining other significant changes.
Law360, London: The government's demand that regulators should prioritise growth is 'largely incompatible' with their duty to deter misconduct, say lawyers who are warning clients not to interpret the political messaging as a green light to engage in risky behavior.
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