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Data protection & de minimis

27 January 2023 / Roderick Ramage
Issue: 8010 / Categories: Features , Data protection
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Rise of the regulatory monster: Roderick Ramage takes aim at the General Data Protection Regulation

De minimis non curat Lex’ are, apocryphally, the words by which, some 50 years ago, the receptionist of a London branch of Lex Garages turned away me and my beaten-up Mini. More recently in respect of de minimis, in X v Zautoriteit Persoonsgegevens (2022) C-245/20, a decision about an exception for the protection of the independence of the judiciary, the Attorney General observed at paras [59] and [60] that:

‘In this new age, where one finds an endless drive towards increased automation, it seems that almost any aspect of any activity may, sooner or later, be connected to a machine which, increasingly, has its own data processing capabilities. Most of the time, the use of such data will be ancillary or “de minimis”, so that in many cases no “real” processing activity takes place. However, and still, it would appear that neither the nature of the operation (mere transmission versus effective work

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NEWS
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Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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