Law Pod UK Ep. 198: Small Data: damage, distress and the development of a new type of claim - May 2024
Data, Information & Technology
Jasper is instructed by claimants and defendants in data protection cases. He also accepts instructions for advisory work related to data protection and in public law and judicial review matters which raise data protection issues and privacy. He has a particular interest in the overlap between data protection, privacy and healthcare, an issue he writes about for the QMLR.
Jasper has developed particular experience in ‘data injury’ cases, where breach of the GDPR (or other information-related wrongs) have caused psychiatric injury. He is frequently instructed to appear in court, draft pleadings, and to advise on liability, quantum and strategy in such cases. In a recent episode of Law Pod UK, Small Data: damage, distress and the development of a new type of claim, Jasper discussed the intersection between data protection and personal injury, including practical issues for Claimants and Defendants and valuing such claims.
Jasper was a panel speaker at the Data Protection Forum’s December 2022 conference on children and data protection, where he spoke on age verification law and the Online Safety Bill (now the Online Safety Act 2023).
Selected Cases
Damages claims
- Acted for a claimant whose sensitive medical records were unlawfully shared with third parties leading to psychiatric harm.
- Defended a company that conducts investigations for use in litigation in a claim by the subject of an investigation alleging breach of the GDPR. The claim was struck out and certified as totally without merit.
- Advised on settlement for a child claimant whose sensitive medical information was accidentally made public by a local authority.
- Advised on quantum a claimant whose intimate personal photos were accessed without their consent.
- Represented a claimant whose personal data had been disclosed in a mass data breach at a trial on quantum.
Data & Healthcare (public law)
- Settled detailed grounds of resistance for an NHS Trust in a judicial review concerning challenges to decisions about access and changes to health data.
- Advised government department in relation to a in a judicial review concerning a challenge to a policy raising data protection and healthcare issues (led by Amy Mannion).
Other
- Advised a multi-national manufacturer of internet-of-things products on compliance with new domestic regulatory requirements pertaining to cyber-security under the Product Security and Telecommunications Infrastructure Act 2022.
- Advised the a police force on the prospects of obtaining an injunction for the removal from the internet of a pornographic video depicting a non-consenting party.
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