by Lorraine Tan, 25 Mar 2022 Introduction: The GDPR, or General Data Protection Regulation, is a regulation on data privacy and protection in the European Union. When it went into effect in May 2018, it was directly legally binding on all EU member states. Now that Britain has officially left the EU, does the GDPR still apply in the UK? What are the relevant changes in data protection law in our jurisdiction? EU-GDPR: Before the GDPR, the EU relied on Article 8 of the ECHR (the right to respect for private and family life) for data protection, but realised there were inconsistencies in the implementation of relevant guidelines across member states. The GDPR was drafted to overcome the unnecessary restrictions on cross-border data flows and to create a centralised system of legislation. Article 5 of the EU-GDPR outlines 7 key data protection principles, including: (1) Lawfulness, fairness and transparency, (2) Purpose limitation (organisations should only collect data for legitimate purposes), (3) Data minimisation (only process data necessary for the purpose), (4) Accuracy (individuals have the right to request erasure of inaccurate data), (5) Storage limitation (deleting data after it is no longer needed for its intended purpose), (6) Integrity and confidentiality, (7) Accountability (organisations providing documentation/proof of compliance). Article 6 of the EU-GDPR states 6 legal grounds for data processing, including: (1) Consent given by data subject, (2) Performance of a contract, (3) Compliance with a legal obligation (e.g. testifying in court), (4) Protecting the vital interests of a person in instances such as a medical emergency (5) Performance of a task in the interest of the public (e.g. safeguard public health/security), (6) For any other legitimate interest. UK-GDPR: Following Brexit in 2020, the EU-GDPR no longer applies in the UK. However, the House of Commons modified existing domestic data protection laws by merging EU-GDPR regulations with the Data Protection Act 2018, creating the UK-GDPR which came into effect on 1 Jan 2021. Its content and language is largely identical to the EU-GDPR. However, it is governed and enforced by UK agencies. EU authorities cannot hold the UK accountable for any violations. The UK-GDPR may be subject to change by the UK Parliament in the future. It is expected that UK authorities will review the UK-GDPR and change certain regulations. For example, the UK’s ICO (Information Commissioner’s Office) has proposed that instead of requiring individuals to select “I agree” on cookie pop-ups every time they visit a website, they should be able to select a long-term privacy preference on their computers for data collection. Impact of the transfer on businesses based in the UK: Data can still be transferred easily between the EU and the UK. Data can also be transferred to third countries (countries outside the EU) if the country is considered to have appropriate data safeguards in place. In addition, UK businesses must appoint an EU representative dealing with EU data matters if: (1) they are monitoring the behaviour of EU residents, or (2) they don’t have a branch/office in the EU. Any violations of the UK-GDPR so far? A man who used his Amazon Ring doorbell system to capture data of his neighbour was fined under the UK-GDPR. In response, Amazon issued a statement calling for buyers to “respect their neighbours’ privacy and comply with any applicable laws”. References: https://www.infosecurity-magazine.com/blogs/uk-gdpr-brexit-need-to-know/ https://www.itgovernance.eu/blog/en/the-gdpr-understanding-the-6-data-protection-principles https://www.theguardian.com/technology/2021/aug/26/uk-to-overhaul-privacy-rules-in-post-brexit-departure-from-gdpr https://gdpr-info.eu/art-6-gdpr/ https://www.webhosting.uk.com/blog/15-essential-facts-about-general-data-protection-regulation-gdpr/
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By Toni Rose, 11 March 2022 During the half-term holiday, I was on a virtual work placement at Hogan Lovells. I was very much delighted to have a Q&A session with three partners from the firm: Nathan Searle, who specialises in transactions and disputes as well as technology and telecoms; Fiona Bantock, who specialises in tax and incentives and Alex Kay who specialises in business restructuring and insolvency. What a stimulating and knowledgeable talk it was! A short introduction: Hogan Lovells is a Band 1, internationally renowned firm, with The Times commending them for their commercial dispute resolution to intellectual property departments and are “the intersection between businesses and government”. As for what the partners talked about, I was among the other Sutton Trust Pathways to Law (London Branch) candidates who asked some queries, here are the few things I have learnt from them: 1. Lawyers love to talk about what they do. Don’t feel discouraged to ask them any of your burning questions about the field! Everyone feels the same about networking. It can get quite daunting with the horrendous small talk but they generally ease once you know what you want to ask, though it depends on who you network with. For instance, Fiona networks within the firm as other departments liaise with similar clients, so bringing up topics in conversation that relate to their cases helps a lot. One overall tip they collectively agree on, is to ask open-ended questions but make them area specific. What they may (personally) find interesting could well be beneficial towards enriching knowledge on a department you particularly want to specialise in, or the process they underwent from entry-level to promotions; you may even be inspired by a professional and take similar steps in your career in law. All partners we talked to didn’t imagine themselves at where they are at in their career now, however, they are pleased to have found an area in law that interests them. 2. Create a wider stream of knowledge. Commercial awareness is key. Nathan commented on the importance of reading up on the news – you'll be surprised at how many cases are reported in a plethora of current affairs, albeit explicit or implicit. As a partner who works internationally, this is as simple as reading on BBC News and a varied catalogue of sources as some contain political bias. The work placement included a session on building commercial awareness, where we linked the Ukraine crisis to how this may affect Russian investors who are willing to invest in the UK, seeing as there has been a significant volume of Russian, or Russian-linked illicit finance. (Ukraine crisis: How much Russian money is there in the UK?, 2022). As a firm working with Russian clients, they may have to find the legality of assets consisting of stocks, real estate and cash. Unexplained Wealth Orders (UWOs) and Account Freezing Orders (AFOs) put in place recently strongly influence the deterrents of white-collar crime from those who are at the face of foreign direct investment, and the contentious work Hogan Lovells may provide. 3. There is no cardboard cut-out of what a “Lawyer” looks like. I asked the question “What is a stereotype about Partners that isn’t true?”. Fiona stressed that not all partners are old white men in suits. Alex added on to state that previously, the stereotypes perpetuated from working at a law firm aren’t all that true anymore. The main reason for that is the increase in diversity & inclusive work they provide, finding talent for the field in all areas from BAME, LGBTQIA+ and people with health conditions and/or impairments. They have a whole department dedicated to D&I. The skills required are not restricted to just seniority, but to giving equal chances to associates and partners alike. Nathan concludes that becoming a solicitor at entry-level does not discriminate; this is exactly why there is a 50:50 split between those who train from a law background and a non-law background. The statement was very much true, as talking to trainees on my last day on the placement were examples of people who had degrees in Law, History and Biology. By Gabriella Dupratt, 25 Feb 2022
Hi everyone! This blog will help inform and prepare you for the A Level topic of Ethics (usually taught alongside philosophy and religious studies), and if you haven't already chosen it, perhaps this article will help you decide if this is the subject for you. So let's get straight to the basics of your ethics course; what the heck even is it?! Here I will inform you about all you need to know to be prepared for your first lesson. We will discuss what the subject is, what content is included and some helpful resources to aid you in revising said content along the way! As a beginner, you may hear the term ‘ethical law’ quite consistently and it may seem confusing at first. The concepts of legal law and ethical law may blur together because they sound as though they’re two of the same thing, but in actuality both pose very distinctly different concepts. Legal Laws are also called the ‘Lex’ which is a Latin word meaning ‘the letter of the law’ (the written statute law). These laws entail a system of rules set by the government that a nation must abide by or else they will be forced to face the consequences of their wrong actions. On the other hand we have Ethical Law; the Latin word for this is ‘Ius’, translating to ‘the principle of the law’ (the value of justice). The value of justice can be quite a subjective thing, which is why you're going to be studying a whole load of different scholars and theories that talk all about their own personal thoughts and values and, all in all, suggest a plethora of different ways of life. Meanwhile, Legal Laws carry a punishment as a consequence of not following them, ethics do not. Instead ethics is a mindset of morality and is a lot more malleable in contrast to statute law. Depending on where you are in the world, your culture, your religion, your upbringing etc, your moral principles may vary and that’s exactly what ethics is! Not only is it affected by one's surroundings but also creates them; your ethics determine your morality, lifestyle and who you are as a person right down to your everyday actions and decisions. Before you begin it's important to know what’s ahead of you. In your course you will explore different kinds of ethics ranging from metaethics, that teach you all about the general basis of ethics, right down to the core of so many ethical ideologies that stem from aretaic/virtue ethics. You will learn about ancient theologians as well as more modern ones such as; Aristotle, Aquinas, Kant, Augustine and C. S. Lewis! Some of these names may sound fairly recognisable now but over the duration of the course you will come to study them in great depth so, as a top tip of advice, I recommend you brush up on some of these scholars before your course starts just so that you’re prepared and the knowledge will stick more with you in the long-term. In fact, it's a smashing idea to pre-read before all of your lessons if you don't already! Now let's move onto the benefits of taking ethics. It's highly likely that if you've spoken to someone about taking this subject you will have received a somewhat negative response; “what will you do with ethics and philosophy?” or “how’s that going to get you a job in the long run?”. Well, now you’ll be able to reflect a valid response back at them with what I'm about to share with you. Taking this subject can provide you with some excellent transferable skills such as: confidence in debating, essay writing skills, the ability to consider and appreciate other alternative views and understanding the very groundwork of what society was built upon. These skills are valid and valued throughout many fields and will come in handy a lot more than you might originally think! Here is a link that will take you to a Prospects page of the career choices that doing an RS A Level can open up: What can I do with a theology and religious studies degree? | Prospects.ac.uk Lastly, I want to leave you with some incredibly helpful links and resources in order to ensure you're extracting the most accurate and worthwhile knowledge when doing revision and/or further reading. Here is a list of websites have been approved by the syllabus:
And as a little cherry on top, here is my studysmarter page where I upload revision material for religious studies, philosophy and ethics every so often: https://app.studysmarter.de/course-subjects?id=4722157&ref=ya2EZxTFbmuIdg7iMI1fZswEXyUoN1zp Thanks for reading! Happy studying <3 2/14/2022 0 Comments The theranos trialBy Lorraine Tan, 14 Feb 2022 1. Introduction Elizabeth Holmes was the CEO of Theranos, which was valued at $9bn and was considered Silicon Valley’s most promising healthcare startup in the 2010s. However, in 2015, it was found that Theranos’ technology was unreliable and fake. The company’s involvement in multiple scandals led to its eventual bankruptcy and Holmes’ criminal convictions. 2. Background In 2004, Elizabeth Holmes, an engineering student, dropped out of Stanford to start her own healthcare company, Theranos. Citing her childhood fear of needles, she wanted to revolutionise the medical testing industry. She and her business partner, Mr Balwani, aimed to develop a patch that could test for the presence of multiple diseases, including different cancers and diabetes, with just a few drops of blood. Although her Stanford professors told her that her goal was scientifically impossible to achieve, she continued to engage in research, clinical testing and advertising for the patch. Holmes and Balwani soon realised that inventing the testing patch was unfeasible, so they attempted to develop other blood testing methods that did not require large needles and tubes, unfortunately without success. However, despite knowing about these problems, they refused to admit the failures of their product. Using false clinical data, Holmes boasted her “successes” externally in TedTalks, and to potential investors. She managed to attract high profile investors, such as Larry Ellison, Rupert Murdoch, Tim Draper and George Schultz, raising a total of $945 million on the promise of huge returns in the near future. 3. Development Holmes never resolved the technical issues in her products, but continued to falsify trial results. She claimed her tests were 95% accurate when they were only 65-80% accurate. In her presentations to potential investors, she explicitly announced that Theranos had formed partnerships with various big-name healthcare companies including Pfizer, which was untrue. She said Theranos “did not buy any analyzers from third parties”, which was also untrue. Theranos also signed deals with North America’s largest chain stores (Safeway and Walgreens), agreeing to provide cheap, quick and convenient blood testing at a medical space in each of their branches. The blood testing services Theranos offered were conducted using commercially available and unreliable machines that Holmes called “the Edison”. Eventually, in 2015, the Wall Street Journal, ex-employees of Theranos, doctors and patients who were mystified by the odd health data produced, uncovered the company’s lies and gave way to further investigation. 4. Charges In 2018, Theranos was dissolved, and Holmes was arrested on 11 criminal charges of wire fraud and conspiracy to commit wire fraud. 5. Requirements for wire fraud in the US (a) The defendant participated in a plan to defraud or obtain money by fraudulent pretences (b) The statements made were material (c) The defendant acted with the intent to defraud (d) The defendant used wire communication (electronic transmission e.g. emailing, calling) to carry out the scheme 6. Outcome In January 2022, Holmes was convicted on 3 counts of wire fraud and 1 count of conspiracy to commit wire fraud. The jury did not question her belief that her technology and business would eventually succeed, but the good faith defence did not apply in this case, hence she was deemed guilty of defrauding investors. However, the jury found her not guilty of defrauding patients because they claimed there were too many intermediaries between Theranos and patients in order to link the fraudulent events beyond reasonable doubt. Holmes will remain free on bail until September this year. At the time of writing (January 2022), it is unclear how long her prison sentence will be. 7. References https://youtu.be/Wsd6WoKWW2g https://youtu.be/7SPY9098mQs https://www.bbc.co.uk/news/business-58336998 https://www.natlawreview.com/article/trial-recap-us-v-elizabeth-holmes-podcast Elizabeth Holmes pictured above.
2/1/2022 0 Comments An introduction to journey2lawHello and welcome to our blog: Journey2Law! Journey2Law is a platform founded by a student for students. Our founder, Basma El Hayani, is currently an Undergraduate Student studying International Politics and Sociology, keen to pursue a career in law and technology - 'legal tech'. Basma launched this initiative in hopes to inspire and help young students who do not have the opportunity to gain an insight into various careers. This initiative will provide students with work experience opportunities, events with top employers in their industry, competitions and much more. It’ll also be a place where they can increase their commercial awareness and read about the latest news, debates and affairs & that’s where the articles come in! We have a team of students interested in various careers including, law, technology, politics, business and engineering. They'll be sharing tips on how to secure top work experience and internship placements, current affairs and news as well as further career prospects. Journey2Law will also be hosting numerous events with law firms, chambers, technological companies and more, including, Clifford Chance, Travers Smith, IBM and Atos. This will give prospective students an insight into the sector and career they'd like to pursue. Our first event will soon go live, follow our Instagram: @journey2law_ for updates and subscribe to our newsletter to be the first to know about our updates, competitions and more exclusive content! Thank you for all of the support on behalf of our Journey2Law team. Keep sharing and spreading our platform to your teachers, friends and family! Journey2Law INSTAGRAM: @journey2law_ |