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Privacy and Data: Law and Practice

9:00 am, 11 February 2019 to 6:00 pm, 12 February 2019

Privacy Laws

A two-day CPD course for lawyers and company executives working with IP, the media, public figures, in privacy, confidential information and managing third parties’ personal data.

Event Information

Open to

All

Organiser

UCL Institute of Brand and Innovation Law (IBIL)

Location

UCL Laws
Bentham House
Endsleigh Gardens
London
WC1H 0EG
United Kingdom

For the third year, UCL’s IBIL hosts its acclaimed exploration of the current state of play in privacy, business, technology and the law. 

Attendees from previous years have branded this event as “the best course I have ever attended”.

Featuring a world class line up of speakers from the top of their fields: presentations from international cyber security experts, from law enforcement and cryptographers, professionals working in data management for the state and for the private sector, experts in child protection, along with internationally respected lawyers, policymakers and privacy advocates.

This two-day CPD course is designed for lawyers and company executives working with IP, the media, public figures, in privacy, confidential information, security and in the management of personal data.

About the course

If the public has learnt anything from 2018’s outcry about the Cambridge Analytica scandal, the “Official Zuckerberg Q&A International Tour”, and the sputtering implementation of GDPR, it could be that they need to re-consider what, exactly, is private about their lives. What do they mind or not mind about the incursions into their daily lives that technology has facilitated?

Technology has delivered convenience, widespread access to information and arguably created virtual communities across national borders. But at what cost? And what are those that question these innovations doing to challenge the shiny, new information regime?  Is it really possible effectively to protect your law firm’s privileged client materials, or can we expect another Mossack Fonseca data dump?

In determining what is protected and the extent to which it should be protected, how can we be fair in safeguarding personal or bodily rights along with the protection of property or commercial rights?  How does the aim of maintaining the integrity and safety of communities fit with both the technological capacity for and legal limitations on data sharing?

The vigour of the twin legal regimes of copyright and privacy both hinge on consent.  Yet it appears that consent is becoming increasingly elusive online, both for property owners and for individuals wishing to control what is done with information about them.  And just how much do individuals know?

Privacy and Data: Law and Practice will examine the latest legal and technological developments relating to:

  • current legal challenges to invasions of privacy
  • protecting privileged client materials held by solicitors
  • data collection, its governance and current legal challenges to the dominance of the data giants
  • the protection of reputation in the internet age
  • data and social planning
  • cryptography
  • the darker side of social media
  • data, democracy and technology
  • national security and crime prevention
  • online protection of the vulnerable 
  • whistleblowing, proprietary information  and investigating financial crime

Attendees’ feedback from previous years’ has included: “the  course actually turned out to be different from what I expected - but in a more stimulating way”;  “Mesmerising information”; “Fascinating content”; “Mind-blowing”; “Very well curated and managed”; “…having been brought into the subject of Data Protection by my firm, all I knew was whatever was provided by the law….with this course I received well rounded information, just as I expected”; “I received the UCL learning experience”; and “Good selection of complementary topics from a wide range of speakers”.

Places are limited so students are encouraged to apply early.

The course at a glance

  1. Law Firms’ Protection of Privileged Client Files and Data
    A fresh look at the measures required to maintain security of materials held by law firms on behalf of their clients
  2. The Citizen: Democracy and Privacy

    An introduction to the Human Rights Act and the International Convention on Human Rights; citizen’s personal privacy; recent and current legal challenges

  3. Privacy, Freedom of Expression and the Press

    Celebrity, reputation and free speech: the public interest as opposed to what interests the public.

  4. Data Protection:

    An update on the implementation of the GDPR and the “one-stop shop” regulatory mechanism.   

  5. Global Data Transfer and Data Sharing
    International data exchange; social media being called to account.
  6. Children: Balancing Privacy and Protection with online freedoms
    Privacy, net neutrality and the protection of younger users of the internet from the influences of pornography, violence, harassment and radicalisation.
  7. Whistleblowing: the Law and Ethics of Leaking
    Employee obligations/duties to their employer; company whistle-blowers; when does an employee obligation cross the line in instances where they believe they serve the public interest?
  8. Private Data, Public Policy and Public Good

    An update on recent legal and policy changes to support the better use of data to support UK statistics and research, including the implementation of the Digital Economy Act 2017.  The use of data by the UK Government, the balancing of privacy, the securing of access to data and ethics of its application or uses including mechanisms in place to maximise transparency and serve the public good.

  9. Applied Cryptography
    Privacy-preserving cryptographic protocols; anonymous electronic cash and identification; invisible access to databases; new techniques in the design and deployment of advanced cryptographic protocols.
  10. Privacy and Public Safety
    Responding to genuine threat:  the policy, legal and security justifications for access to citizens’ data and communications; cross-border co-operation in the fight against crime.
  11. “Professional” Privacy and Crime

    Should we afford special status to privacy when we know it can act as shield behind which control and abuse can take place? A look at current law in relation to money laundering and other financial high jinks that cannot always be concealed. Can we simultaneously allow business confidentiality, protection of proprietary information to shield illegal profit?

  12. Legal Constraints on Private Investigations

    The limitations placed by the justice system upon the search for evidence.

Fees

Fees including two days training, including all refreshments and materials.

Standard fee = £830.00
UCL Alumni and UCL IBIL Sponsors - £705.50
Government Department = £300
Full time Academics = £200
Student (Non-UCL) = £100

Book your place on the course

View the Provisional Programme
Monday 11th February 2019
9.30Introduction to the course and a consideration of the key features of privacy and how they might differ in the way in which society values them.
Amanda Harcourt, Visiting Professor, UCL IBIL
10.00The Citizen: Democracy and Privacy
An overview of current legal challenges to incursions into privacy protection.
Caroline Wilson Palow, General Counsel Privacy International
11:00Break
11:15Privacy, Freedom of Expression and the Press
Celebrity, reputation and free speech: the public interest as opposed to what interests the public.  
Andrew Lee, Partner, Brandsmiths LLP
 
12:15

Children: Balancing Privacy and Protection with Online Freedoms
Privacy, net neutrality and the protection of younger users of the internet from the influences of pornography, violence, harassment and radicalisation
Barry Murphy, Senior Privacy Counsel and Data Policy Advisor at Vodafone

13:15Lunch
14:15

Law Firms’ Protection of Privileged Client Files and Data
The dramatic Mossack Fonseca data release suggests there is a need for a 21st century approach to measures needed to ensure security of materials held by law firms on behalf of their clients
Malcom Taylor, Head of Cyber Security at ITC Secure Networking TBC

15:15

Privacy and Legal Constraints on Private Investigations
A demonstration of the realities of private investigation and the limitations placed by the justice system upon the search for evidence.
Jeffrey Katz & Paul Lund, Bishop Group

16:15

Litigating In Relation to Global Data Transfer and Data Sharing
A review of important cases relating to data sharing and security breaches, and the balance between the law, the media and the concerns of our political masters.
Dan Tench, Partner CMS Nabarro Olswang LLP

17:15The Facebook Case Study          
A year in the Life of FaceBook: The online research portal ShareLab went under the bonnet of the social media giant.  We review the year 2018 - a tipping point for the site’s reputation and credibility - and examine the extent to which the site is embedded in the wider fabric of our  world
Amanda Harcourt, Visiting Professor, UCL IBIL
18:00Day one ends
 
Tuesday 12th February 2019
09:30

“Professional” Privacy and Crime
Should we afford special status to privacy when we know it can act as shield behind which control and abuse can take place? A look at current law in relation to money laundering and other financial high jinks that cannot always be concealed.
Julian Hayes & John Binns  Partner, BCL Solicitors LLP

10:30Privacy and Public Safety
Responding to genuine threat; the policy, legal and security justifications for access to citizens’ data and communications and pan-territorial collaboration.
Mr Dietrich Neumann, Head of Corporate Services, Europol.
11:30Break
11:45Private Data, Public Policy and Public Good
An update on recent legal and policy changes to support the better use of data to support UK statistics and research, including the implementation of the Digital Economy Act 2017.  The use of data by the UK Government, the balancing of privacy, the securing of access to data and ethics of its application or uses including mechanisms in place to maximise transparency and serve the public good.
Ross Young, Head of Data Governance, Legislation and Policy, UK Statistics Authority   
 
12:45Lunch
13:45Applied Cryptography
Privacy-preserving cryptographic protocols; anonymous electronic cash and identification; invisible access to databases; new techniques in the design and deployment of advanced cryptographic protocols.
Dr Steven Murdoch, Computer Science Dept, UCL
 
14:45Whistleblowing: the Law and Ethics of Leaking
Employee obligations/duties to their employer; company whistle-blowers; when does an employee obligation cross the line in instances where they believe they serve the public interest.
James Laddie QC, Matrix Chambers
15:45Tea
16:00

Data and Personal Privacy in the Era of Feelings Becoming Facts:
The de-evolution and erosion of the very concept of privacy, as corporations, special interests, government agencies and others learn from the current US president that opinions can be swayed by emotion, and regard for classical notions of liberty gives way to ferocious tribalism.

Mark Zaid, Attorney at Law, Washington D.C. Ian McCaleb, MD, Strategic Communications – Crisis and Litigation,  Hogan Lovells, Attorneys, Washington D.C.. 
     
17:00

International Data Protection
Cross-border processing, governance and compliance under the GDPR.
Dr Nora Ni Loideain, Director and Lecturer in Law, Information Law & Policy Centre, Institute of Advanced Legal Studies, School of Advanced Study, University of London

18:00Course ends
              
About the Speakers

John Binns, Partner, BCL Solicitors
After obtaining his LLB at Kings College London, John completed an MPhil in Criminology at Cambridge.  The very early part of his career was spent in the Legal Services Commission, later joining a leading criminal/regulatory defence firm of solicitors.  His work at BCL has included representing suspects, defendants and witnesses in cases invoking allegations of bribery and corruption, fraud (including carbon credits, carousel/MTIC, land-banking, Ponzi and pyramid scheme frauds), insider trading, market abuse, price-fixing, sanctions-busting, and tax evasion. He has coordinated and undertaken corporate investigations and defended in cases brought by BEIS, the FCA, HMRC, NCA, OFT, SFO and others.  He has particular expertise in the myriad legal provisions on anti-money laundering (“AML”) requirements in the regulated sector under the Money Laundering Regulations (“MLR”), civil recovery and confiscation of the proceeds of crime, and criminal offences of money laundering under POCA, as well as related areas such as financial sanctions. With a respected practice internationally, John has represented individuals in challenges to the European Court of Justice against their inclusion on targeted sanctions lists arising from the Arab Spring, and advised on numerous Interpol Red Notices and extradition requests.  He has a particular expertise in challenging allegations made by overseas authorities on the basis of political motivation.

Paul Cording, Principal Consumer Services Regulation, Group Regulation & Policy Development, Vodafone Group Services Limited
Paul is part of the Vodafone Group Regulation and Policy Development team and works closely with the Privacy and Cyber Security teams. He has responsibility within Vodafone for Child Online Protection and Digital Resilience policies and best practice. His involvement over the last 15 years have included the development and the implementation of Vodafone’s child protection policy, Vodafone parental controls, the launch of the Digital Parenting website and magazine, peer to peer Be Strong Online modules and Parent’s Digital Life Skills workshop. He has represented Vodafone at the HMG UKCCIS Board meetings, the ICT Coalition Steering group, the European Commission’s CEO Better Internet for Kids Coalition/CEO Alliance, ENABLE and was Chair of the IWF Funding Council from 2014 -2017.

Amanda Harcourt, Convenor, Visiting Professor, IBIL, UCL, Principal of Independent Copyright Consultancy
Amanda Harcourt has been providing legal and policy advice within the creative industries for over 30 years with a focus on copyright, entertainment contracts, talent advocacy, rights management forensics, collective management of IP rights and policy.  Her work has included a consultancy at Endemol where she restructured their global rights management and business model for the Group's global music and secondary audio-visual rights raising revenues from low six figures to 2% of global turnover.  For 6 years she had a senior level roving brief at FremantleMedia, the international television production & licensing subsidiary of Bertelsmann’s RTL Television and had responsibility for the legal aspect of the worldwide brand rollout of television format Pop Idol (American Idol)) to over 35 counties. She has held academic posts at universities in the UK and USA and prepared government submissions on copyright and performers’ rights policy in both Europe and the USA.  She is currently case officer for plaintiffs in high profile US federal court litigation in relation to trademarks, brand, audio-visual and music rights and revenues for a cult film.

Julian Hayes, Partner, BCL Solicitors
Following an undergraduate degree at the University of Kent, Julian completed post-graduate legal studies in Newcastle before training as a barrister at a leading criminal/regulatory chambers. He then worked as a regulator at the London Stock Exchange before moving to Australia where he spent several years undertaking high profile litigation at an international law firm.  Julian specialises in financial crime, cybercrime, surveillance and data protection law.  He advises individuals and corporates in relation to fraud and corruption investigations by the SFO, enforcement actions by the FCA (insider dealing and market abuse) and offences under the customs and excise legislation prosecuted by HMRC. As well as expertise in relation to computer misuse offences, Julian also advises on the provisions of the Data Protection Act 2018 and the GDPR (including breach reporting), and provides advice to Communication Service Providers with regard to their obligations under the Investigatory Powers Act 2016 and its associated Codes of Conduct.  Julian works on internal investigations, extradition (including Interpol Red Notices), ancillary matters such as judicial review, restraint and confiscation, mutual legal assistance, Norwich Pharmacal applications in the High Court and defending complaints against corporates for breaches of the OECD’s Guidelines for Multinational Enterprises

Jeffrey Katz,  CEO The Bishop Group
Jeff is a New Yorker who served in the UK with an intelligence branch of the US Air Force.  He came back to the UK in 1979 to become deputy editor of a provincial newspaper.  In 1987 he joined Kroll Associates in London and in 1995 became the company’s Director of European Operations.  In 1999 he was appointed Chief Executive of the Bishop Group, overseeing the acquisition of what is now Bishop IP Investigations.  He has been responsible for inquiries related to high profile litigation, fraud investigations into listed corporations and homicide investigations, including the death in London of Italian banker Roberto Calvi.

James Laddie QC, Matrix Chambers
James practises principally in the fields of employment and discrimination law, commercial law and civil actions against the police. He also practises in the fields of media, sports, public, election and human rights law.   Prior to becoming a Silk before he was 40, he had been ranked in the highest band of juniors in both employment law and police law in Chambers and Partners for several years, being nominated for Employment Junior of the Year in both 2010 and 2011. He has also been highly ranked in employment and in human rights in the Legal 500 for many years.  James has very extensive experience in conducting long and complex trials. In recent years he has been involved in some of the most high-profile and challenging employment claims in England. He has a particular interest in confidentiality and privacy, whistleblowing and disability issues and is very familiar with the issues that arise in cases which have a high media interest.  James is also a very experienced appellate practitioner and has had more than 30 reported employment cases in the last decade. These reported cases illustrate the breadth of his practice, covering all forms of discrimination, whistleblowing, human rights, contract, restrictive covenants, TUPE, working time, trade unions, restrictive covenants and more.

Andrew Lee, Partner, Brandsmiths
Andrew is an experienced litigator with boutique firm Brandsmiths which specialise in intellectual property, sport and media law. Brandsmiths act for well-known brands such as Microsoft, BMW, Rolls Royce, Missguided, Speedo and Umbro and for high profile individuals including Gordon Ramsay, Mo Farah, David Haye and others in the public eye.   Andrew has extensive experience in advising clients in respect of the protection of their reputations and the protection of confidential and private information. This includes obtaining pre-publication undertakings and/or injunctions against the press, and helping clients in difficult personal situations where there is a threat by others to disclose private information. He has particular experience of dealing with problems arising on the internet such as individuals (often anonymously) posting defamatory allegations or undertaking campaigns of harassment, identifying those individuals and obtaining relief for clients.   He recently acted for the former Brazilian footballer Roberto Carlos in a libel claim against the Daily Mail.

Paul Lund, Director of Corporate Investigations, Bishop Group
Paul is a solicitor who in 1988 became the registered Director of Compliance for a member firm of the London Stock Exchange.  In 1990 he joined the Crown Prosecution Service and in 1998 he was appointed a case controller for the Serious Fraud Office.  He left the SFO in 2000 to join Bishop International where he has conducted due diligence inquiries and has supervised the investigation of major frauds on behalf of European and American banks and corporations.

Ian McCaleb, M.D., Strategic Communications, Crisis and Litigation Communications Team Hogan Lovell, Law Firm, Washington D.C.
Ian McCaleb has two decades of work as a national and international reporter specializing in legal affairs, law enforcement, politics, legislation, terrorism and conflict, and the U.S. defense and intelligence establishment. He has worked for top-tier news outlets in the United States and abroad, including CNN, the Fox News Channel, United Press International, McClatchy Newspapers and Congressional Quarterly. Prior to joining Levicks he worked in U.S. government service, as the senior spokesman for the Criminal Division at the Department of Justice, as a senior counsel to the division’s Assistant Attorney General, and as a national intelligence specialist.  Ian has provided media advisory and analysis services to a range of private sector clients, and specialises in reputation management, risk mitigation, crisis communications, wide-ranging investigations, political intelligence services and other, related disciplines and capabilities.

Dr Steven Murdoch, Principal Research Fellow, Department of Computer Science, UCL
Dr Steven J. Murdoch is a Royal Society University Research Fellow in the Information Security Research Group of University College London, working on developing metrics for security and privacy. His research interests include authentication/passwords, banking security, anonymous communications, censorship resistance and covert channels. He has worked with the OpenNet Initiative, investigating Internet censorship, and for the Tor Project, on improving the security and usability of the Tor anonymity system. His current research on developing methods to understand complex system security is supported by the Royal Society. He is also working on analysing the security of banking systems, especially Chip & PIN/EMV, and is Innovation Security Architect of Cronto, an online authentication technology provider and part of the VASCO group.

Barry Murphy, Senior Privacy Counsel and Data Policy Advisor at Vodafone
Barry Murphy has an established professional background in data protection, privacy and data policy.  He is a qualified solicitor with considerable experience in the field beginning as a Data Protection Specialist with Baker McKenzie.  With HSBC, Barry’s remit was international: whether in London as Legal Counsel for Data and Privacy, with an emphasis on the digital field, or in Hong Kong where he was Regional Head of Data Privacy ASP and Senior Legal Counsel, Data Privacy and Digital. He recently moved to Vodafone where he is their Senior Privacy Counsel and their Advisor on Data Policy.

Dr Nóra Ni Loideain, Director and Lecturer in Law of the Information Law and Policy Centre, Institute of Advanced Legal Studies, University of London and Associate Fellow of the Leverhulme Centre for the Future of Intelligence (LCFI) at the University of Cambridge.

Her research interests and publications concern governance, technology, and human rights law. She was awarded a PhD in law from the University of Cambridge which is the focus of her forthcoming monograph concerning the mass retention of communications metadata for law enforcement and national security purposes and European human rights law: EU Data Privacy Law and Serious Crime: Data Retention and Policymaking (Oxford University Press, 2019). Nóra is also co-author of the forthcoming textbook: Lynskey and Ni Loideain, Data Protection Law and Policy (Oxford University Press, 2019).

She is a Visiting Lecturer in Law at King’s College London in information privacy and data protection law and was previously an Affiliated Lecturer in Law of same at the University of Cambridge. She is an editor for the leading peer-review journal International Data Privacy Law (Oxford University Press) and was appointed a trustee of the British and Ireland Legal Information Institute (BAILII) in 2018. Prior to her academic career, she was a Legal and Policy Officer for the Office of the Director of Public Prosecutions of Ireland and clerked for the Irish Supreme Court.

Dietrich Neumann, Head of Business of Corporate Services, EUROPOL
Dietrich Neumann is responsible for EUROPOL’s external relations and legal affairs unit. Before starting his job as EUROPOL’s in-house counsel in 2004, he held positions at the German Federal Ministry of the Interior, the General Secretariat of the Council of the European Union and the German Federal Investigation Office. He studied law at the University of Passau and the University of Erlangen, and has an LLM in EU and International Public Law from the Erasmus University Rotterdam.

Malcolm Taylor, Head of Cyber Security at ITC Secure Networking
Malcom has vast and varied experience of working with public and private leaders (including UK and foreign Ministers, Ambassadors and CEOs). After a successful career in UK government on security and intelligence issues, Malcolm joined G3, a cyber security and business intelligence firm with responsibility for high-level client engagement running a range of risk advisory projects. Malcolm has extensive experience of the sector, having worked operationally for the government at home and abroad (including in Afghanistan, Pakistan and Iraq). He has deep expertise in Counter Terrorism, security and intelligence issues, and is a recognized South Asia expert. In 2017 Malcolm joined ITC Secure Networking as their Director of Cyber Security, providing cyber security advisory and managed security services to help organisations assess, manage and mitigate their risk.

Dan Tench, Partner CMS Nabarro Olswang LLP
Dan Tench is a litigator with particular expertise in judicial review, competition law, media law (including data protection, privacy and defamation) and sports law, undertaking many leading cases in all these areas.

Dan has advised bringing and defending major judicial reviews and other administrative law challenges and on competition litigation cases.  Many of his public law matters have involved issues of significant political controversy and he has exceptional experience in aligning an approach to litigation with broader political and media concerns. He has prepared senior individuals for appearances before (and attended with them at) Parliamentary Select Committees.  Dan has also substantial experience in advising claimants and defendants in defamation, privacy and other media litigation matters including general reputation management matters, securing injunctions and judgments in leading edge internet cases as well as bringing and defending claims for and against all types of traditional media.  He has been involved in responding to many significant data security breach situations with a targeted strategy to minimise the damage, potential liability and disruption caused to the client.  He acted for the claimants in the leading data protection case of Vidal-Hall & Ors v Google.

Caroline Wilson Palow, General Counsel Privacy International  
Caroline Wilson Palow is Privacy International’s General Counsel. Caroline leads the legal team and counsels Privacy International’s programmes on legal strategy and risk. Caroline is a US-qualified lawyer who previously specialized in privacy and intellectual property litigation at a prominent US law firm. She received her law degree from Yale Law School and her undergraduate degree in Anthropology from the University of California, Berkeley.  After law school, Caroline clerked for Judge Warren J. Ferguson of the US Court of Appeals for the Ninth Circuit.

Ross Young, Head of Data Governance, Legislation and Policy, UK Statistics Authority
After graduating from Oxford with an MPhil in European Politics and a DPhil in Political Science, Ross Young worked for 6 years as Senior Clerk in the House of Commons  with roles in the House Library’s Research Service, and the House’s committee and procedural service.  This gave him invaluable insights into the workings of the UK Parliamentary process which were put to good use on his transfer to the UK Statistics Authority in 2008 as Head of Communications and Parliamentary Relations.  Following a period as Private Secretary to the Chair of the UK Statistics Authority, Ross was appointed to his current post, and leads the Authority’s Data Governance, Legislation and Policy function, including the design (and now operationalisation) of the statistics and research strands in the Digital Economy Act 2017, and is the Authority’s corporate Data Protection Officer.


Mark S Zaid, Attorney, Mark S Zaid PC, Washington D.C.
US attorney, Mark Zaid specializes in litigation and lobbying on matters relating to international transactions, torts and crimes, national security, foreign sovereign and diplomatic immunity, defamation (plaintiff) and the Freedom of Information/Privacy Acts (FOI/PA).   Through his practice Mr. Zaid often represents former/current federal employees, intelligence and military officers, whistleblowers and others who have grievances or have been wronged by agencies of the United States Government or foreign governments, as well as members of the media. Mr. Zaid teaches D.C. Bar Continuing Legal Education classes on "Defending Security Clearances" and "The Basics of Filing and Litigating Freedom of Information/Privacy Act Requests". He has been named as a Washington, D.C. Super Lawyer every year since he was profiled in 2009, as well as a "Best Lawyer" by Washingtonian Magazine in 2009, 2011, 2013 and 2015 (issued bi-annually), for his national security work.

Mr. Zaid is also the Executive Director and founder of the James Madison Project, a Washington, D.C.-based organization with the primary purpose of educating the public on issues relating to intelligence gathering and operations, secrecy policies, national security and government wrongdoing. He also serves as an Adjunct Professor at Johns Hopkins University teaching in the Global Studies/National Security Certificate programs.  In connection with his legal practice on international and national security matters, Mr. Zaid has testified before, or provided testimony to, a variety of governmental bodies including the Senate Judiciary Committee, the Senate Governmental Affairs Committee, the House Judiciary Committee, the House Government Operations Committee, the Department of Energy, the Public Interest Declassification Board and the Assassination Records Review Board.