Ian Whitehurst

Call 1994

whitehurst@exchangechambers.co.uk

"He thinks outside the box, is tenacious in court, very experienced and has a good breadth of knowledge of serious white-collar crime."

Chambers and Partners 2019
Photo of Ian Whitehurst

Data Protection

Ian Whitehurst practises in criminal and regulatory law with a specific emphasis on data protection and cyber crime.

He is instructed on a regular basis to advise and represent a wide range of clients, including individuals, directors and companies, in relation to criminal and civil investigations by the industry regulator (the ICO); advisory and compliance issues and the developing area of civil litigation.

Furthermore, he has a developing practice in the field of data breach claims for individuals and companies whom have had their personal and sensitive data breached by third parties.

Ian is in the process of putting together a team of lawyers and cyber security experts to develop the use of group action litigation in the areas of data breach and technology claims.

He has written several articles on data protection and the new digital age and has delivered lectures and video briefings on the subject as well as commenting in the media on recent developments.

Data Protection Cases

Ongoing and recent cases include:

  • Re X – instructed to advise company on GDPR compliance concerning new financial services marketing concept.
  • Re Y – instructed to appear in the Information Tribunal on behalf of an interested party concerning disclosure of sensitive commercial material which may adversely affect economic interests of multiple parties to the proceedings.
  • Instructed as Led Junior in group litigation relating to Ticketmaster data breach.
  • Instructed as Sole Counsel in the group litigation relating to Equifax and British Airways data breach.
  • Re Z – instructed to represent the Appellant in an ongoing appeal in the Information Tribunal concerning a financial services company and their tele marketing compliance.
  • Advised a major financial institution and its in-house legal team in relation to civil enforcement proceedings brought against them by the ICO in relation to purchasing data from a third party without the requisite consent
  • Instructed to advise and represent a claimant in mediation proceedings in an ongoing data protection dispute with a national broadcaster
  • Instructed to advise on the use and admissibility of telematic data by a major insurance company in relation to personal injury litigation
  • Instructed to advise a claimant in a case against her local authority employer for breaching her personal data and which adversely affected her employment rights
  • Successfully advised a Human Resources company in avoiding a criminal prosecution by the ICO in relation to allegedly purchasing confidential information from an employee of an existing client
  • Instructed to advise a claimant in relation to a data breach by a government department (DWP) which adversely affected a disabled person’s employment status
  • Advising a gambling organisation based in Malta on purchasing third party data and compliance with the GDPR
  • Instructed to advise a claimant in relation to two ongoing cases against a government department (MOD) for breach of his personal data related to ongoing civil litigation
  • Instructed to advise a barrister in relation to a data protection breach affecting the loss of sensitive personal data of clients
  • Instructed to advise a family in relation to a claim against a school academy for breaching sensitive data of a child
  • Instructed to represent national figure involved in criminal justice system concerning breach of his personal data by his former employers

Data Protection Publications

Recent publications on data protection include:

  • Q&A: European Commission proposes new measures to tackle e-crime
  • Consumer Rights & Slow Running Apple Software
  • Data Breaches, Vicarious Liability of Employers & The Impact  on the Insurance Industry
  • Investigatory Powers Act – will the new oversight regime be effective?
  • Data Privacy & Brexit – deal breaker or opportunity to reboot?
  • Augmented Reality & The Law
  • Enforcement of Corporate Crime: stronger sentencing of people convicted of stealing personal data & the forthcoming general data protection regulation