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Dispute Resolution & Litigation

Privacy, confidentiality & data rights

A new law of privacy has been developed by the English Courts over the past decade following the implementation of the Human Rights Act 1998 and Data Protection Act 1998.

The action for breach of confidence has been transformed - almost beyond recognition - absorbing Articles 8 and 10 of the European Convention on Human to create a new claim for "misuse of private information". This comes at a time when our private data is collected, retained and processed by an ever-increasing number of public authorities and private organisations.

Individuals

SM&B's team represents individuals whose private lives are threatened or have been invaded, or whose private data has been misused, by the press, broadcasters, government, local authorities or other organisations or individuals.

Media and data controllers

We also advise and represent media and publishing clients, as well as other organisations and data controllers, faced with complaints in this field.  We find that our insight into both sides of the equation brings significant benefits to our clients in terms of both dispute resolution and litigation.

Employment context

Issues of privacy and data rights often arise in the employment context. With the ability to call on the vast experience of the Employment team, we are particularly well-placed to deal with privacy claims in this field. The Employment team are also able to provide tailor-made in-house training programmes to keep employer up-to-date with developments in the law, combined with best HR practice.



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