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Alistair Sloan Profile picture
@alistair_sloan
Sep 11, 2020 • 3 tweets • 1 min read • Read on X
Facebook has started Judicial Review proceedings in Ireland over the Irish Data Protection Commission's preliminary order suspending transfers of personal data to the USA. thecurrency.news/articles/23697…
This follows on from the ECJ's decision in #SchremsII which resulted in the end of privacy shield. Not only did Schrems II see an end to the (Second) agreement between the USA and the EU on data transfers, it came with some clear instructions to data protection authorities about
their responsibilities and duties (which is probably what spurred the Irish DPC to issue the preliminary order that it has). Definitely a case to keep an eye on.

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More from @alistair_sloan

Alistair Sloan Profile picture
Sep 27, 2020
It's late and I'm pretty tired so I may be missing something here, but it appears to me that the Health Protection (Coronavirus) (Restrictions and Requirements) (Scotland) Regulations 2020 may not be complying with the requirements of Schedule 19 to the Coronavirus Act 2020.
Schedule 19 is the powers under which Scottish Ministers have made all of the coronavirus restrictions regulations. Schedule 19 gives them broad powers in relation to what the regulations may contain. This includes what schedule 19 terms "special restrictions and requirements".
Special restrictions and requirements includes the power to close premises. The current regulations make provision in relation to closing of premises in two ways: (1) a general requirement for certain premises to close to the public or to close for specific activities at certain
Read 7 tweets
Alistair Sloan Profile picture
Sep 24, 2020
On Tuesday the First Minister of Scotland stood in the Scottish Parliament and asked people not to visit other households inside their own homes while indicating that the law would change on Friday to make it an offence. It's 23:58 on Thursday night and no regulations making that
change to the law have been published on the official public website which holds all UK legislation. Is the law actually changing? What is the law of the land which people are required to follow?
Is it or is it not a criminal offence to go inside another person's home? What exemptions are there to the rule? Is it still just guidance? Why does this matter? Ignoring government guidance is a choice which people are free to make without any legal consequence; whereas ignoring
Read 5 tweets
Alistair Sloan Profile picture
Sep 22, 2020
In evidence to @SP_Justice the Minister for Community Safety has repeatedly made the point that she agrees with the principle that a pursuer in a defamation case should be required to show that they had, in fact, suffered harm as a defence of the serious harm test. This is makes
no sense; if the purpose is to require the Pursuer to provide evidence to the court that harm has occurred (rather than it being an inference that harm has occurred from a defamatory statement) then why use the word "serious"? Surely if the policy intention is just to require the
Pursuer to show harm the word "serious" is superfluous and shouldn't be in the Bill. It is generally assumed that words in legislation serve a purpose. Therefore, the word "serious" must mean something. I'm not an expert on English and Welsh law, but my understanding of the case
Read 5 tweets
Alistair Sloan Profile picture
Sep 3, 2020
Today I watched the evidence given to @SP_Justice on Tuesday on behalf of @Lawscot and @FacultyScot on the Defamation and Malicious Publication (Scotland) Bill. Lots of really good points from both witnesses. Firstly, on the issue of serious harm and why we're simply adopting an
English solution to an English problem. As was pointed out the Scottish Parliament started in 1999 with the idea of finding Scottish solutions to Scottish problems. The nuisance that the serious harm test in English and Welsh law was seeking to address simply doesn't exist in
Scotland. Indeed, one of the reasons why the Bill may be necessary is that there is a lack of cases in Scotland which is hampering the development of the law. If the problem is a lack of litigation, why are we then inserting a provision designed to deal with a problem
Read 11 tweets
Alistair Sloan Profile picture
Aug 30, 2020
This response to a FOI request (not made by me), answered by the ICO in June 2020, is insightful: it has one record for a prosecution in Scotland "relating to the sharing of inaccurate or unlawful data" (it was in 2007 at Edinburgh Sheriff Court): ico.org.uk/media/about-th…
Yet, the ICO website records the outcome of six prosecutions in England (and I mean England, not England and Wales) between 7 Feb 2019 and 13 March 2020 on its website: ico.org.uk/action-weve-ta…
Of course, in England (and Wales) the ICO can bring prosecutions itself whereas in Scotland it requires to report alleged offences to the Procurator Fiscal for consideration of prosecution. The FOI request linked to at the start of this request does not seem to restrict itself to
Read 7 tweets
Alistair Sloan Profile picture
Aug 25, 2020
Witness to the Justice Committee on the Defamation and Malicious Publications (Scotland) Bill: "Given that England and Wales now has a statutory defence it does make sense for Scotland to be on the same page as our nearest neighbors (...) If we don't reform our defamation law
in line with England and Wales then there is a danger of not having up to date case law." Why? I'm not saying that E&W hasn't gone the right way or that we would be wrong not to replicate them, but why just because E&W has done something must Scotland follow? The Anglicisation of
Scots law is something that crops up in my mind every so often. It has again thanks to @SartorialOrator's interesting piece in the SLT on this Bill. Is "England has done it" necessarily a good enough justification for a particular reform to Scots private law? Also, how does not
Read 4 tweets

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