Cyber Litigation: The Legal Principles

Description

DELETE Preface Table of statutes Table of statutory instruments Table of cases PART I Introduction Chapter 1: What is Cyber Litigation? What is cyber litigation? What are the technologies that affect litigation? What areas of society are affected by cyber litigation? What are the current areas of cyber litigation? Cyber litigation in practice PART II Causes of Action Chapter 2: Cyber Litigation and Criminal Law Introduction Cyber-enabled or cyber-assisted? What cyber-assisted crimes is technology giving rise to? Domestic violence and domestic abuse Harassment and public order Voyeurism Indecent photographs and prohibited images of children, and extreme pornographic images Financial crime: fraud, bribery and corruption, money laundering, terrorist financing and financial sanctions Illicit items Theft Blackmail Trade sanctions and export controls Murder and grievous bodily harm What are the cyber-dependent crimes? Ransomware, malware, spyware etc Distributed denial-of-service Cybercrime-as-a-service What is technology doing to criminal investigations and the criminal justice system? Investigations Evidence Decision making Chapter 3: Cyber Litigation and Civil Law Cybersecurity Contract and tort Other sources of cybersecurity law The regulation of online content Age Appropriate Design Code Online Harms White Paper Select Committee Report on Immersive and Addictive Technologies Particular types of online harm Excessive screen time Problem gaming Online age ratings ‘Loot boxes’ and in-game purchases E-sports Development of automated vehicles The policy context Testing of automated vehicles The legal issues Artificial intelligence and databases Financial technology Algorithmic trading Crowdfunding Cryptoassets and smart contracts Definitions and characteristics Cryptoasset regulation Smart contracts Chapter 4: Causes of Action in Data Protection Law Introductory General Data Protection Regulation Supervisory authorities Scope and boundaries of data protection law Territorial scope The application of the GDPR The role of the DPA 2018 Terminology and definitions Personal data Processing Controller Processor Consent Special categories of personal data Profiling Filing system Pseudonymisation Data protection principles (a) ‘Personal data shall be processed fairly and lawfully and in a transparent manner’ (b) ‘Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes …’ (c) ‘Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed’ (d) ‘Personal data shall be accurate and, where necessary kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased or rectified without dela (e) ‘Personal data shall be kept in a form which permits identification of the data subjects for no longer than is necessary for the purposes for which it is processed …’ (f) ‘Personal data shall be processed in a manner that ensures appropriate security of the personal data …’ Accountability Controller to processor contracts Notification and registration requirements Other accountability measures Data subject rights Rights of transparency and information Subject access requests The right of rectification The right of erasure and the right to be forgotten Right to restriction of processing Data portability Right to object, and automated decision-making Data security and personal data breaches PART III Litigation and Evidence Chapter 5: Jurisdiction Introduction What are the general rules on jurisdiction in cyber litigation? How can the general rules on jurisdiction be amended? What are the particular areas of cyber litigation that have specific jurisdictional considerations? New Court List and Pre-Action Protocol for Data Claims Privacy Shield How will the rules on jurisdiction be impacted by Brexit? Chapter 6: Class Actions Introduction Group Actions in England and Wales Consolidation of claims and multiparty litigation Representative parties Group Litigation Orders Group Actions in cyber cases GLOs Representative actions The future of group actions in cyber litigation A new attitude from the courts? Loss of control extended? A growth in Group Actions? Chapter 7: Vicarious Liability Introduction Vicarious liability The Mohamud case The Morrisons case Vicarious liability and cyber litigation What can companies and corporates do to protect themselves? Chapter 8: Evidential Considerations Introduction What are the specific challenges in evidence gathering in cyber litigation? Lawfully obtaining electronic material Privacy Evidence abroad What are the specific evidential challenges once material has been obtained? Maintaining the integrity of material Accessibility of material Admissibility of material Retention of material PART IV Remedies and Alternatives to Litigation Chapter 9: Remedies Introduction What criminal remedies are likely to be seen in criminal ‘cyber’ cases? Restraint and confiscation orders What civil remedies are being seen in civil ‘cyber’ cases? Injunctions Legal considerations Practical considerations Contract law remedies What remedies are provided by ‘regulators’ in ‘cyber’ cases? Notice and take down requests Information Commissioner’s Office Should the courts and regulators develop new remedies for cyber litigation? Chapter 10: Alternatives to Litigation Introduction What are the alternatives to criminal prosecutions in ‘cyber’ cases? National Cyber Crime Unit’s Prevent programme Serious Crime Prevention Orders Deferred Prosecution Agreements Civil recovery Criminal taxation What are the alternatives to civil actions in ‘cyber’ cases? ‘Cyber’ disputes being resolved by alternative dispute resolution Information security in alternative dispute resolution procedures: the 2020 Cybersecurity Protocol for International Arbitration How are ordinary disputes being resolved by ‘cyber’ and technology? Online dispute resolution Alternatives to traditional dispute resolution Index