jonbainesdata.bsky.social @jonbainesdata.bsky.social · 07/08/2026This morning I dropped out of a plane at 15,000 feet above North Oxfordshire, strapped to a lovely man called Keith. Thanks - huge thanks - to those who sponsored me, and if you still wish to, you can www.justgiving.com/page/mishcon... 253
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 20/07/2026I’m hurling myself out of an aeroplane in a couple of weeks. It’s not entirely without context, so if you’d like to sponsor me, well, that would just be lovely informationrightsandwrongs.com/2026/07/20/s...informationrightsandwrongs.comShameless begging bowl stuffThe last time I did a personal fundraising appeal was several years ago. I’m still fundraising for the same reason. Within a relatively short period of a few years both my parents suffered fr… 130
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 26/06/2026This time last week, all we really knew about Information Commissioner John Edwards’ conduct was what he was telling us. Truth is now coming out, thanks to courageous people who stood up to him. But how was the disgraceful behaviour tolerated for so long? www.thetimes.com/article/0f7e...thetimes.comData watchdog boss ‘made jokes about paedophiles and sex with Smurfs’Staff describe John Edwards as being ‘unusually powerful and unaccountable’ as an internal investigation reveals evidence of bullying and innapropriate language 030
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 19/06/2026Information Commissioner John Edwards has resigned informationrightsandwrongs.com/2026/06/19/i...informationrightsandwrongs.comInformation Commissioner John Edwards resignsMany will be aware that there has been a recent “independent workplace investigation” into the conduct of John Edwards, Information Commissioner. A few days after news was announced tha… 216
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 29/05/2026How Scotland's men's football team's performance has potentially afforded data controllers all across the UK (and wider) an extra day to comply with some data subject access requests. By me, on the @mishcondereya.bsky.social website www.mishcon.com/news/dsar-ti...mishcon.comDSAR time limits, and an extra Bank HolidayIf you are a data controller anywhere in the UK, in receipt of a data subject access request under Article 15 of the UK GDPR (or any of the other data subje 011
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 11/05/2026Is the Information Commissioner’s Office exploring ways to gut the FOI Act? By me, on the @mishcondereya.bsky.social website www.mishcon.com/news/is-the-...mishcon.comIs the ICO exploring ways to gut the FOI Act?The Information Commissioner's Office (ICO) appear to be exploring how to restrict the public’s rights under the Freedom of Information Act 2000 (FOIA). 011
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 23/04/2026In which I get pompous and hyperbolic about some minor withholding of information in a First-tier Tribunal judgment informationrightsandwrongs.com/2026/04/23/o...informationrightsandwrongs.comOpen Justice and the Information TribunalWe need to talk about open justice in the Information Rights jurisdiction of the First-tier Tribunal. The Tribunal has just handed down a decision rejecting an appeal by the National Archives again… 232
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 22/04/2026The High Court has refused the an application for judicial review of the Met Police’s policy on deployment of live facial recognition. Another on my personal blog: informationrightsandwrongs.com/2026/04/22/j...informationrightsandwrongs.comJR of Met’s Live Facial Recognition Policy dismissedIn Thompson & Anor, R (On the Application Of) v Commissioner of Police of the Metropolis [2026] EWHC 915 (Admin) the Divisional Court has roundly dismissed an application for judicial review of… 132
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 22/04/2026The Court of Appeal has restored some calm, and business certainty, by overturning the prior decision of the High Court in RTM v Bonne Terre: a data subject’s consent is to be assessed objectively, not subjectively. On my personal blog informationrightsandwrongs.com/2026/04/22/c...informationrightsandwrongs.com“Consent” must be assessed objectively, says Court of AppealThe Court of Appeal has handed down an important judgment (RTM v Bonne Terre Ltd & Anor [2026] EWCA Civ 488) on the meaning of “consent” in the context of data protection and ePrivacy law, and … 031
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 13/02/2026The ICO has declined to suggest in its guidance how long controllers should normally take to respond to data subject complaints. I think this is a missed opportunity. On my personal blog: informationrightsandwrongs.com/2026/02/13/d...informationrightsandwrongs.comData protection complaints – a missed opportunityHas the Information Commissioner’s Office ducked an opportunity to improve data subjects’ rights and provide regulatory clarity to data controllers? Section 103 of the Data (Use and Access) A… 010
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 12/02/2026The ICO no longer has to establish that cookie contraventions are likely to cause significant damage or distress before issuing a fine. Will it lead to flurry of fines? (Hint: not under the current regime). Still a noteworthy change though @mishcondereya.bsky.social www.mishcon.com/news/unlawfu...mishcon.comUnlawful cookies: a new avenue for the ICO to issue fines?The ICO can now fine for any unlawful cookie use under PECR. Discover how DUAA reforms and rising penalties could affect compliance strategies. 021
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 05/02/2026I've written for the @mishcondereya.bsky.social website on some of the more significant changes wrought by the Data (Use and Access) Act 2025 which commence today (5 February) www.mishcon.com/news/data-pr...mishcon.comData protection and electronic privacy reform: what’s hot and what’s not?Various aspects of data protection and eprivacy reforms take effect in the UK on 5 February 2026. 022
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 29/11/2025On my personal blog: FTT rather dismantles @ICOnews on both the facts and the law in this remarkable FOI judgment. Will the ICO have to rewrite their section 40 NCND guidance? informationrightsandwrongs.com/2025/11/29/n...informationrightsandwrongs.comNCND for personal data – a qualified exemption?[reposted from my LinkedIn Account] I’ve been known to criticise First-tier Tribunal (FTT) judgments in the freedom of information jurisdiction. By contrast, this one is superb. In it, the FTT dism… 173
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 13/11/2025After all these years, I see that a social media post by @davidallengreen.bsky.social can have a remarkable booster effect on the visits to one’s blog 170
Reposted by @jonbainesdata.bsky.socialAlistair Sloan @alistairsloan.bsky.social · 13/11/2025Incredible story. The ICO should absolutely now be paying the force some real attention given the potential wider implications for FOI requests and subject access requests. 162
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 13/11/2025I’ve written on my personal blog about an extraordinary CoA judgment in which the Chief Constable of Northants Police has been found in contempt over egregious BWV disclosure failings informationrightsandwrongs.com/2025/11/13/c...informationrightsandwrongs.comChief Constable in contempt over BWV footage disclosure failuresThe Court of Appeal has handed down an extraordinary judgment (Buzzard-Quashie v Chief Constable of Northamptonshire Police [2025] EWCA Civ 1397) in which the Chief Constable of Northamptonshire wa… 22816
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 07/11/2025The MoD has said it cannot say whether it has had any spreadsheet-based data breaches following the catastrophic Afghan citizen one, because it would take >237 hours to find out. On my personal blog informationrightsandwrongs.com/2025/11/07/m...informationrightsandwrongs.comMoD: “too costly” to find out if there have been further spreadsheet data breachesResponse to FOI request says it would take 237 hours to find out. How can ICO have confidence lessons have been learnt? Anyone who’s ever had been responsible for compiling or overseeing a data bre… 012
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 29/07/2025I’ve written on my personal blog on the still-unclear question of why one very large charity received “public sector” lenience from the ICO - and a 97.5% reduction in proposed fine - while a few months later a tiny charity didn’t informationrightsandwrongs.com/2025/07/29/i...informationrightsandwrongs.comICO fines: are you certain?In his inaugural speech as Information Commissioner, in 2022, John Edwards said my focus is on bringing certainty in what the law requires of you and your organisations, and in how the regulator ac… 020
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 16/07/2025I’ve written up my thoughts for the @mishcondereya.bsky.social website, on the baffling decision by the ICO to take no action in response to the most catastrophic data breach in UK history, which exposed many thousands of people to immediate risk to their lives. www.mishcon.com/news/data-pr...mishcon.comData Protection risks to life: Should more be done?The Secretary of State for Defence announced on 16 July, a significant data protection breach relating to the Afghan Relocations and Assistance Policy 1119
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 15/07/2025Today we heard about the most catastrophic data breach in UK history. And the ICO’s response? No need for any action. Not. Good. Enough. www.linkedin.com/posts/jon-ba...linkedin.comToday, after the High Court discharged a super-injunction preventing anyone from knowing about it, or even knowing about the existence of the injunction, we’ve learnt about possibly the most… | Jon Ba...Today, after the High Court discharged a super-injunction preventing anyone from knowing about it, or even knowing about the existence of the injunction, we’ve learnt about possibly the most catastrop... 192
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 02/07/2025A largely overlooked but significant change wrought by the Data (Use and Access) Act 2025 means that, in principle, it will be *much* easier for the ICO to issue fines for cookies contravention I've written about this for the @Mishcon_de_Reya website www.mishcon.com/news/fines-f...mishcon.comFines for cookie contraventions more likely as a result of law changeThe Data (Use and Access) Act 2025 (DUAA) will make some significant changes to the enforcement regime for cookies and direct electronic marketing. 021
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 30/06/2025I’ve written for the Mishcon de Reya website on the Data (Use and Access) Act 2025 and the changes it will make to the UK’s data protection laws www.mishcon.com/news/how-wil...mishcon.comHow will the Data (Use and Access) Act reshape data protection?On 19 June, the Data (Use and Access) Act (DUAA) received Royal Assent. We consider what changes it will bring in terms of data protection law. 000
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 29/06/2025A man on remand for assaulting his ex-partner duped former employer, JD Wetherspoon, into orally disclosing her mother’s mobile phone number, which he then used to continue his abuse. I’ve written on my personal blog about the case which has resulted informationrightsandwrongs.com/2025/06/29/o...informationrightsandwrongs.comOral disclosure of personal data: a new domestic case“Pretexting” and “blagging” are forms of social engineering whereby someone attempts to extract information from a source by deception. One (unethical) example is when a journalist purports to be s… 001
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 20/06/2025The Data (Use and Access) Act 2025 has now been published. NB that most of the operative data protection provisions still need secondary legislation to commence them www.linkedin.com/posts/jon-ba...linkedin.comFrom what I can see, the only major operative "data protection" provision that comes immediately into effect is the section 78 "reasonable and proportionate searches" one (and that...From what I can see, the only major operative "data protection" provision that comes immediately into effect is the section 78 "reasonable and proportionate searches" one (and that... 013
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 20/06/2025A blogpost on what the Data (Use and Access) Act 2025 will do. It’s essentially an amending statute: practitioners should look mostly to how it changes UK GDPR, DPA 2018 and PECR informationrightsandwrongs.com/2025/06/20/w...informationrightsandwrongs.comWhat the DUAA 2025 will doSection 1(2) of the Data Protection Act 2018 tells us that Most processing of personal data is subject to the UK GDPR Despite the attention given to the progress of the Data (Use and Access) Act 20… 030
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 17/06/2025The Data (Use and Access) Bill is due to receive Royal Assent on 19 June: bills.parliament.uk/bills/3825/s...bills.parliament.ukData (Use and Access) Bill [HL] Royal Assent - Parliamentary Bills - UK ParliamentData (Use and Access) Bill [HL] Royal Assent sittings 000
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 14/06/2025For the want of a nail the shoe was lost. For the want of a signature the €4.3m GDPR fine against VW was lost. themunicheye.com/volkswagen-e... 011
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 14/06/2025Next week the Court of Appeal will hear the claimants’ appeal in the case of Farley and Others v. Paymaster (1836) Limited (trading as Equiniti) [2024] EWHC 383 (KB). See my short primer on the issues www.linkedin.com/posts/jon-ba...linkedin.comNext week the Court of Appeal will hear the claimants’ appeal in the case of Farley and Others v. | Jon BainesNext week the Court of Appeal will hear the claimants’ appeal in the case of Farley and Others v. Paymaster (1836) Limited (trading as Equiniti) [2024] EWHC 383 (KB). This is an important case when i... 000
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 09/06/2025To what extent do rules in defamation carry over to data protection claims about publication of personal data? There’s some interesting analysis in a recent judgment, striking out a claim by Dale Vince against Associated Newspapers. On my personal blog: informationrightsandwrongs.com/2025/06/09/d...informationrightsandwrongs.comDefamation rules are applied to UK GDPR claimAn interesting recent judgment in the High Court considers the extent to which rules in defamation law might also apply to data protection claims. In July 2024 His Honour Judge Lewis struck out a c… 021
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 06/06/2025The @goodlawproject.bsky.social is suing Reform, as a representative body (the first such case brought under Article 80(1) of the UK GDPR. GLP have published both its particulars of claim and Reform’s defence. I’ve written about it on my personal blog informationrightsandwrongs.com/2025/06/06/g...informationrightsandwrongs.comGood Law Project v ReformIn the run-up to last year’s General Election, the campaigning group The Good Law Project (GLP) actively encouraged people to make subject access requests (under Article 15 of the UK GDPR) to polit… 030
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 06/06/2025The Information Tribunal has ruled that the Hinkley Point C construction company is a public authority for the purposes of the Environmental Information Regulations (a parallel access regime to the FOI Act). On my personal blog: informationrightsandwrongs.com/2025/06/06/h...informationrightsandwrongs.comHinkley Point C construction company is a public authority under the EIRThe Information Tribunal has ruled that the Nuclear New Build Generation Company, a subsidiary of EDF Energy, created to construct s new nuclear power plant at Hinkley Point C (HPC), is a public au… 022
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 04/06/2025For some reason @familoo.pinktape.co.uk @juliedoughty.bsky.social I can’t reply to this post, so having to repost it: these are my initial thoughts on the data protection aspects of the guidance informationrightsandwrongs.com/2025/06/04/c...informationrightsandwrongs.comCovert recordings in family law proceedings – some slightly flawed guidanceThe issue of the legality of the making of, and subsequent use of, covert audio and/or visual recordings of individuals is a complex one – even more so when it comes to whether such recording… 212
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 04/06/2025The Family Justice Council has produced guidance on covert recordings in family law proceedings - some of its references to data protection law are misguided. On my personal blog: informationrightsandwrongs.com/2025/06/04/c...informationrightsandwrongs.com 010
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 27/05/2025When Liz Truss was elected leader of the Tory Party (and thus recommended to and appointed by the Queen as her PM) was it an exercise of a public function amenable to JR? Unsurprisingly, the Court of Appeal says “no”. On my personal blog informationrightsandwrongs.com/2025/05/27/l...informationrightsandwrongs.comLiz Truss leadership election not amenable to JRWas the leadership election in which Liz Truss was elected as leader of the Conservative Party (and as a result of which she was recommended to the Queen by the outgoing Boris Johnson, and appointe… 010
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 19/05/2025This looks very nasty - a cyber attack has apparently compromised the Legal Aid Agency’s online digital services, involving a "significant" amount of personal data from those who applied online for legal aid since 2010 www.gov.uk/government/n...gov.ukLegal Aid Agency data breachAn update following a cyber-attack on the Legal Aid Agency’s online digital services. 035
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 14/05/2025For data subjects considering complaints to the ICO, or for controllers faced with such complaints, you might want to know there is a current 16-week wait just to get allocated to a caseworker. A tub-thumping post by me on LinkedIn www.linkedin.com/posts/jon-ba...linkedin.comThe Information Commissioner's Office’s backlog in handling data… | Jon BainesThe Information Commissioner's Office’s backlog in handling data protection complaints means that in effectively every case it is exceeding the time envisaged by Parliament for doing so. Section ... 161
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 13/05/2025The Data (Use and Access) Bill was returned to the Lords yesterday, and once again, on three key votes - on sex data and DVS, the definition of “scientific research”, and AI & copyright, the Government lost. My LinkedIn post: www.linkedin.com/posts/jon-ba...linkedin.comData (Use and Access) Bill [HL] - Hansard - UK Parliament | Jon BainesFor a bill in Parliament to proceed to royal assent, it must be agreed by both the House of Commons and the House of Lords. When the Houses cannot agree the bill, it enters a stage referred to as “pin... 031
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 07/05/2025The First-tier Tribunal has certified to the Upper Tribunal an offence of contempt by the University of Exeter, in respect of “wilful” and “flagrant” failure to comply with an order by the FTT under FOIA to disclose information. On my personal blog informationrightsandwrongs.com/2025/05/07/f...informationrightsandwrongs.comFOIA contempt proceedings against University of ExeterNon-compliance by a public authority with the provisions of the Freedom of Information Act 2000 is rarely a particularly serious matter for the public authority: a delay in responding, or a failure… 166
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 02/05/2025The Information Commissioner has ruled, in two important recent decisions, that BT and Openreach are public authorities for the purposes of the Environmental Information Regulations 2004 www.mishcon.com/news/bt-is-s...mishcon.comBT is subject to Environmental Information law, says Information CommissionerThe Information Commissioner (ICO) has issued decision notices ruling that British Telecommunications plc and Openreach Limited are public authorities for the purposes of the Environmental Information... 065
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 27/03/2025A duty to provide context when responding to data subject access requests - a new data protection duty in domestic law? By me, on my personal blog informationrightsandwrongs.com/2025/03/27/a...informationrightsandwrongs.comA new data protection duty?I’ve been looking in more detail at the recent subject access judgment in Ashley v HMRC. One key point of general application stands out for me, and that is that it states that in some cases (i.e. … 1117
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 19/02/2025In what world would FOI disclosure of the blank forms ministers must use to declare interests be prejudicial to the conduct of public affairs? Well, it’s a world that the Cabinet Office inhabits. Post on my personal blog informationrightsandwrongs.com/2025/02/19/t...informationrightsandwrongs.comThe state of central government transparency[reposted from my LinkedIn account] This is one of the most extraordinary FOIA judgments I’ve ever seen, and it says an awful lot about the approach to transparency at the centre of the civil servi… 120
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 04/02/2025NHS England will not publish the full report into the health services’ role in the treatment of Valdo Calocane in part because of data protection concerns. I’ve written on my personal blog about this informationrightsandwrongs.com/2025/02/04/n...informationrightsandwrongs.comNHS England and publication of the Calocane report[reposted from my LinkedIn account] NHS England is reported to be refusing, partly on data protection grounds, to publish the full independent review report into the care and treatment of Valdo Cal… 020
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 30/01/2025Judicial review of a regulator (especially one entrusted to bring prosecutions) is exceptionally hard. I’ve written on my personal blog about a recent unsuccessful application for JR of the Information Commissioner informationrightsandwrongs.com/2025/01/30/e...informationrightsandwrongs.comExceptionally unlikely: ICO and judicial review[reposted from my LinkedIn account] Where Parliament has entrusted a specialist body with bringing prosecutions, such as the Serious Fraud Office, or the Information Commissioner’s Office (IC… 031
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 24/01/2025Quote tweet with a bridge from your gallery 010
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 24/01/2025I’ve written on my personal blog about the judgment in RTM v Bonne Terre, on cookies, consent and targeted advertising. I suspect there will be a lot of misunderstanding and misrepresentation of its significance informationrightsandwrongs.com/2025/01/24/c...informationrightsandwrongs.comCookies, compliance and individuated consent[reposted from my LinkedIn account] Much will be written about the recent High Court judgment on cookies, direct marketing and consent, in RTM v Bonne Terre & Anor, but treat it all (including,… 011
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 21/01/2025I’ve written for the @mishcondereya.bsky.social website on the news that a government amendment to the Data (Use and Access) Bill will allow charities to use the PECR “soft opt in” to send direct marketing and text messages to individuals www.mishcon.com/news/data-us...mishcon.comData (Use and Access) Bill amendment – good news for charitiesWe questioned why the Data (Use and Access) Bill had not revived proposals to allow charities to send marketing emails and text messages to supporters. 012
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 12/12/2024Data protection claim against persons unknown gets (very) short shrift from Mr Justice Nicklin On my personal blog informationrightsandwrongs.com/2024/12/12/d...informationrightsandwrongs.comData protection claims against persons unknown[reposted from my LinkedIn account] Chirkunov v Person(s) Unknown & Ors [2024] EWHC 3177 (KB) This is an important, and quite withering, judgment from Mr Justice Nicklin, which ends with a sugg… 000
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 08/12/2024Interesting data protection case in the High Court, where a private investigator firm appears to be arguing it was a mere processor when helping prepare a report for use in family proceedings www.linkedin.com/posts/jon-ba...linkedin.comJon Baines on LinkedIn: High court hears data controllership disputeThis looks like a very interesting data protection case being heard in the High Court, where the claimant is suing over a report prepared for family court… 121
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 07/12/2024Could the right to be forgotten break generative AI? On my personal blog informationrightsandwrongs.com/2024/12/07/c...informationrightsandwrongs.comCould the right to erasure in data protection law break AI?[reposted from my LinkedIn account] I ask this only partly in jest. The story of how ChatGPT refused to acknowledge the existence of “David Mayer” and some others, perhaps (probably?) because peopl… 011
jonbainesdata.bsky.social @jonbainesdata.bsky.social · 06/12/2024Banks to be required to snoop on customers’ accounts to check for benefit fraud, under proposed “DWP Fraud, Error and Debt Bill” On my personal blog informationrightsandwrongs.com/2024/12/06/b...informationrightsandwrongs.comBanks to be required to snoop on customers’ accounts[reposted from my LinkedIn account] A recently announced “DWP Fraud, Error and Debt Bill” will propose obligations on banks and financial institutions to “examine their own data sets to highlight w… 000
