Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“LexisNexis is great as I can find the answers I am looking for really quickly. I believe that nothing should be more than 6 clicks away - and the products from LexisNexis deliver on this standard”

Avensure

Access all documents on Accessible data

Accessible data meaning

What does Accessible data mean?
In legal practice, accessible data refers to information that can be located, retrieved and supplied using ordinary systems and resources, without disproportionate cost, time or specialist recovery. It is a descriptive expression rather than a universal statutory term, and what is “accessible” is fact-sensitive and open to interpretation. Under the Freedom of Information Act 2000, information is exempt if it is “reasonably accessible to the applicant by other means” (for example via a website or publication scheme, including on payment); in Scotland, the equivalent is FOISA 2002 section 25 (“otherwise accessible”). The Environmental Information Regulations 2004 and their Scottish counterparts adopt similar concepts. In civil disclosure/e-disclosure (CPR and PD 57AD), practitioners use “accessible” to distinguish live, searchable data sources from archives, backups or legacy systems; proportionality determines whether less readily accessible sources must be searched. In data protection (UK GDPR/EU GDPR and the UK/Irish Data Protection Acts), “accessible” commonly describes the form in which information must be provided or presented (clear, easily accessible privacy information; portable, commonly used formats), not a threshold for whether data must be disclosed. Usage is consistent across England & Wales, Scotland, Northern Ireland and Ireland, but the precise test derives from the regime.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related News about Accessible data

NEWS
UK legal and regulatory guide for digital and data-driven health technologies: ethics, data protection, data transparency, clinical safety, cyber security, interoperability and NHS commercial strategy

How to operate ethically Suppliers should review the Data Ethics Framework and adhere to its principles. The Framework is available here Suppliers are accountable for clearly informing people why and when their data is shared, so they can be confident it is used lawfully, fairly and in an equitable way The core principles of the Data Ethics Framework are: respect for persons respect for human rights participation accounting for decision Have a clear value proposition Suppliers must make sure the product is designed to deliver a clear outcome for users or the system To secure a clear value proposition, thoroughly research and define user needs, and involve users across the entire life cycle of the product, including discovery, design, change and post-release review Then generate key performance indicators or other outcome measures to evidence success and highlight potential improvements Usability and...

Read More Right Arrow
NEWS
CJEU confirms consumer organisations can bring representative GDPR actions for processing-related transparency and consent breaches; Meta App Center case (C‑757/22)

The European Court of Justice ruled that Verbraucherzentrale Bundesverband eV (the Federal Union of Consumer Organisations and Associations) may sue Meta Platforms Ireland Ltd in Germany on behalf of consumers, as the alleged breach—namely, failing to obtain valid consent for collecting users’ data—stemmed from processing users’ information in its App Centre. The court confirmed that representative organisations may bring actions where an infringement of a data subject’s rights arises in the course of personal data processing and results from the controller’s failure to fulfil its duty to give the data subject—at the latest upon collection—information, in a concise, transparent, intelligible and easily accessible form, in clear and plain language, about the purposes of that processing and the recipients of such data. A Berlin appeals court invited the ECJ to provide guidance on the consumer association’s case...

Read More Right Arrow
NEWS
Family law weekly update (England and Wales): AI and the judiciary, Supreme Court junior counsel, tenancy transfer, Hadkinson orders, domestic abuse contact, Hague maintenance recognition

In this issue: Practice and procedure Financial provision Private children International LexTalk®Family: a Lexis®Nexis community Daily and weekly news alerts New content Updated content New Q&As Useful information Practice and procedure CTJ publishes speech by Master of the Rolls on AI The Courts and Tribunals Judiciary (CTJ) has released an address by the Master of the Rolls, Sir Geoffrey Vos, concerning artificial intelligence, entitled ‘AI–Transforming the work of lawyers and judges’, delivered at the AI Conference 2024: Transforming the Legal Landscape on 8 March 2024. He distilled the themes from judicial guidance on AI, stressing that anyone considering generative AI must first understand its capabilities and limits. He warned lawyers and judges not to input confidential material into public large language models (LLMs), because such information could, in theory, become accessible to the wider world. When an LLM is asked to summarise or to compose material, the output should be verified before it...

Read More Right Arrow

View the related Practice Notes about Accessible data

PRACTICE NOTES
Adding value through in-house legal knowledge: identifying, curating, communicating and governing know-how, precedents and data, with practical solutions for silos, retention, taxonomy, automation and culture change

This Practice Note focuses on how to identify, store and share the knowledge held by in-house legal teams, and how that insight, once surfaced, can be harnessed to create value. Key topics include: the importance of consolidating legal knowledge defining the in-house legal team’s value delivering benefit to the wider organisation spotting and disseminating knowledge challenges and practical solutions ways to communicate the information methods for recording and managing information The importance of consolidating legal knowledge Ambition often collides with reality when considering a business’s accessible knowledge. People want swift access to a compact, clear source, yet they face a sprawling, leaky sea of material that fails them. Too often, the team’s collective know-how sits in sprawling, unruly boxes, with little structure or logic. So what is the remedy? It is time to bring record management up from the basement. Paper should no longer be the dominant medium for storing information; this is the moment to innovate...

Read More Right Arrow
PRACTICE NOTES
Generative AI and Design: UK IP Ownership, Registrability, Training Data Risks, Infringement and Enforcement

Why use artificial intelligence in design? As AI technologies, in particular generative AI, become more widespread and accessible, almost every sector is experiencing changes, opportunities and challenges, and design is indeed no exception. Employed for brainstorming, ideation and early concept development, AI can serve as a powerful aid, helping designers move past creative blocks and investigate a much wider range of visual possibilities. It can also raise efficiency: with generative AI, designers can quickly produce numerous variants and multiple design options at scale. That pace can accelerate the creative process and encourage further experimentation, potentially yielding highly innovative results. Nevertheless, bringing AI into design workflows introduces several legal risks that cannot be ignored. This Practice Note examines how IP practitioners advising design clients should respond to the rising use of AI across the industry by identifying and discussing these risks in detail. It considers ownership of IP rights in computer-generated designs and works lacking a human author, difficulties in protecting designs created wholly or partially by AI, and the...

Read More Right Arrow
PRACTICE NOTES
RIPA 2000 Part III (as amended): UK powers to compel decryption or key disclosure—authorisation, procedure, proportionality, secrecy, offences and enforcement

While the Investigatory Powers Act 2016 (IPA 2016) largely superseded the Regulation of Investigatory Powers Act 2000 (RIPA 2000), the Part III provisions of RIPA 2000—dealing with the ability of public bodies to issue notices requiring the decryption of encrypted information or the provision of decryption keys—remain in effect, albeit as modified by the IPA 2016. For further details on the IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide... Investigation of encrypted electronic data RIPA 2000, Pt III governs investigations by a public authority into electronic data protected by encryption. The statutory scheme is supplemented by a Code of Practice, which is admissible in evidence in both criminal and civil proceedings. A wide range of methods enable businesses, individuals and criminals to secure and protect their electronic data and to maintain the privacy of their electronic communications. Such protection can be implemented in various ways; at its simplest, a password may unlock the data and render it accessible in an intelligible form...

Read More Right Arrow

View the related Precedents about Accessible data

PRECEDENTS
Legal Practice Document Management and Version Control Policy: File/Matter Naming Conventions, Document Ownership, House Style, Tracked Changes and Versioning, Centralised Storage, and Prohibited Personal Storage

1 Introduction This policy explains how we make sure: a uniform naming convention is used for all [ paper and ] electronic files; all electronic documents are suitably stored and accessible; staff have the latest version of any document; and changes to documents can be monitored through version numbering. 2 File [ and matter ] naming convention [ Set out your file and, where appropriate, matter naming conventions. You may choose different file and matter naming conventions for internal files and client/customer-facing files ] 3 Document naming convention Each electronic iteration of a document must be named so that it can be easily identified and, if required, located by search. Each document name should state the: [ matter OR customer [ name AND/OR reference ] ] [ title/type of document ] [ author by initials ] [ [ creation date AND/OR version number ] ]...

Read More Right Arrow
PRECEDENTS
Precedent Particulars of Claim: Database Right Infringement seeking declarations, injunction, delivery up/destruction, damages or account, interest and publication order (England and Wales, IP List (ChD)/IPEC)

Case No. [ insert number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ] Between[ insert full name of claimant ] (Claimant)and[ insert full name of defendant ] (Defendant) PARTICULARS OF CLAIM The Claimant The Claimant is, and throughout all relevant periods has been, [ insert details of claimant ]. The Claimant’s core business activity is [ insert type of business carried out ]. In particular, the Claimant [ insert brief description of claimant’s business relating to the database ]. The Claimant’s Database The database comprises a compilation of discrete [ works, data or other materials ], organised in a systematic or methodical manner and with items individually accessible by [ electronic or other means ]. The database contains information relating to [ insert details of relevant database eg description of contents ] (the Database). The Database was...

Read More Right Arrow
PRECEDENTS
EU DORA Third-Party ICT Services Schedule: Clauses for Financial Entities on Security, Incident Reporting, Audit/Regulatory Access, Subcontracting, Data, Business Continuity, Threat-Led Testing, Exit and Critical/Important Functions

DORA SCHEDULE 1 Definitions and interpretation This Schedule prevails where inconsistent, without limiting stricter Supplier duties or stronger Customer rights. Permitted Locations: Services and Customer Data handled only in agreed locations; 30 days’ written notice for any change. Customer Data: protected to Industry Practice for availability, authenticity, integrity and confidentiality; treated as confidential. Access/return: on termination, expiry or Supplier failure, data must be retrievable/transferable in accessible formats and securely erased within set times. Service Levels: meet defined KPIs/metrics; tighter targets where critical or important functions apply. ICT Incidents: notify within 24 hours; provide information and assistance for regulatory reporting. Co‑operation and compliance: fully engage with Regulatory Bodies; provide requested information; maintain LEI/EUID; attend security awareness and digital operational resilience training. Critical ICT third‑party designation: if designated and not EU‑established, create an EU subsidiary within 12 months. Termination: immediate rights for serious breaches, material risk shifts, ICT risk weaknesses, or ineffective supervision. Continuity and security: maintain and test BC/DR...

Read More Right Arrow