Data Protection

We pride ourselves on offering trustworthy and practical representation in this fast-developing area of law. Notably, members of 5 Essex Chambers took a represented South Wales Police in the world’s first legal challenge concerning the utilisation of automatic facial recognition technology (AFR) by law enforcement bodies, R (Bridges) v Chief Constable of South Wales Police. Members of chambers have also acted in key Supreme Court and Court of Appeal cases on retention of personal data by police such as:

• R (Cabinet Office) v Chair of the UK Covid-19 Inquiry [2023] EWHC 1702 (Admin)
• Sir Cliff Richard v BBC
• Commissioner of Police of the Metropolis v (1) Information Commissioner & (2) Rosenbaum
  EncroChat claim
• R (Catt & T) v Commissioner of Police of the Metropolis,
• R (R) v National Police Chiefs’ Council
• R (YZ) v Chief Constable of South Wales

Our expert data protection counsel offer pragmatic advice and top-tier advocacy in dealing with claims under the GDPR or Data Protection Acts arising from DSARs, data breaches, and relating to data sharing or retention – whether that involves a single incident or a policy challenge.

With acute awareness of the potential reputational risks linked to handling personal data, we understand that discretion and integrity in these matters is paramount. Our decades of experience in police and national security law have equipped us with the judgement and insight to address high-security needs and commercial sensitivities, whilst avoiding reputational risk.

Our specialists also regularly advise and provide training in this area, including information sharing between public bodies and the impact of the GDPR. Our monthly bulletin, the Data Brief, can be found here.

To start a conversation about your data protection needs, please contact our highly experienced clerking team.