|Date:|| Friday 18th October (week 1, Michaelmas Term 2019)|
|Location:|| Tony Hoare Room, Robert Hooke Building|
The legal context for the protection of electronically stored data and data systems from unlawful interference is a fascinating and developing area that bridges different sources and principles, including common law doctrines and statutory and regulatory standards.
With this context in mind, the presentation will assess recent legal developments to attempt to predict legal trends in the field of cyber-security. The foundation of the current approach is a fast-developing statutory and regulatory framework, most relevantly the important changes implemented under the EU General Data Protection Regulation (GDPR) framework, which has applied in the UK from 25 May 2018, and similar regimes introduced in other regions and internationally. By assessing the implementation of regulatory norms, Laura will predict how the regulation against cyber-crime, including controls of crypto-assets, may proceed, particularly in light of the recent FCA Guidance.
Relatedly, there will be an assessment of recent judicial authorities and legal commentary on rights over crypto-assets. The developments include the observations as part of the UKJT consultation, the extra-judicial speech by the Lord Chancellor, the landmark Singapore Supreme Court decision (holding that bitcoin can be the subject of a trust in B2C2 Ltd v Quoine Ltd SGHV), and the English High Court judgment that held that buyers of bitcoin may benefit from protections afforded to consumers (Ang v Reliantco Investments Ltd  EWCH 879 (Comm)).
The final part of the presentation will explore recent cases in privacy rights in data, and use this analysis to explore potential future judicial developments. Most relevantly, the issues arising from the Court of Appeal decision of WM Morrison Supermarkets Plc v Various Claimants  EWCA Civ 2339 and the subsequent appeal to the Supreme Court, and the expected appeal from Lloyd v Google LLC  EWHC 2599 (QB). To conclude, the presentation will predict developments arising from the case-law and risk mitigation measures that can be implemented to address expected movements in the sector.
Laura’s recent blog on the Court of Appeal’s decision can be found here: https://www.law.ox.ac.uk/business-law-blog/blog/2019/10/english-court-appeal-hands-down-eagerly-awaited-judgment-clarifying
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