Article 79
@article__79
Reclaim control of your data. Not a lawyer, knows enough to be dangerous.
Every dodgy data transfer wears a dirty nappy soiled with liability.
And sometimes the insured opponent doesn't tell their bookie the full story. Tut.Tut. 🤐
I occasionally tell clients who are contemplating litigation against insured opponents that insurers are best understood as being essentially like bookies.
Data Laundering: the processing or transfer of unlawfully obtained data through another intermediary or system in an attempt to legitimise it's further use by concealing it's origin. This should be a separate offence under the Data Protection Act 2018.
DUAA Myths: UK GDPR Article 15(1A) amendment favours data controllers. ❌ Quite the opposite. This amendment comes from case law (Dawson-Damer, Ittihadieh, Deer). The controller must demonstrate reasonable searches were conducted with documentary evidence. #burdenshift
My experiences with the ICO have been underwhelming despite them having recorded numerous infringements against controllers off the back of my complaints - even one under Art. 31 GDPR. True enforcement of individual data rights only happens in courts. ico.org.uk/about-the-ico/…
29 weeks. The ICO's toothless approach is becoming their own undoing. When data controllers do not fear the regulator, compliance is treated as optional & complaint numbers rise leading to backlogs.
Informal influence to distort due process often starts small & isn't limited to conduct by obvious actors such as drug traffickers.
GDPR rights enforcement in court under Article 79 is the most powerful & most woefully underused mechanism afforded to individuals to exert control over their privacy & data. This account is going to tweet all about it. 👊
Ongoing s.167 Data Protection Act 2018 case. Prentice v. Chief Constable of Police Scotland [2025] SC LAN 32. bailii.org/cgi-bin/format…
Declarator. ❌ Anyone spot any issues with analysis on crave 2? Burden shift swings swift & brutal to the data controller in s.167 cases. Rare. 💎 blog.alistairsloan.co.uk/2025/06/30/ple…
s.180A of the DPA 2018 cured a statutory lacuna. It already featured in s.15(2) of the DPA 1998. X v. Transcription Agency [2023] EWHC 1092 (KB) weighed the ❓ & s.180A plugged the gap. Inspections already being done in Scottish courts in s.167 cases. blog.alistairsloan.co.uk/2025/07/28/the…
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