Civil Law Assignment: Data Protection, Criminal Finances, and Cases

This assignment provides a detailed analysis of the Data Protection Act 2018 and the Criminal Finances Act 2017, including the new offenses introduced by each act. It also examines a statutory instrument related to health research under the Data Protection Act. The assignment further explores the case of Willers v Joyce (1) (2016) UKSC 43, explaining Lord Reed's statement about developing law for the present day, and discusses the impact of the European Convention on Human Rights with reference to Attorney-General's Reference No 4 of 2002; Sheldrake v DPP [2004] UKHL 43. The analysis considers the provisions of the Proceeds of Crime Act 2002 as well.

{
CIVIL LAW
Name of Student
Name of University
Author Note

1(a)
• The Data
Protection Act
2018- It is a
primary legislation
of the UK legal
system
DATA PROTECTION ACT 2018

• Section 171- re-
identifying personal data
that have been de-
identified
• Section 173- altering
personal data for
preventing disclosure of
data
• Section 184- prohibiting
the requirements of the
production of records
• Schedule 15, Paragraph
15- obstructing execution
of warrant
DATA PROTECTION ACT
20181(b)
• Section 119- obstruction
of inspection of the ICO
of the information
systems in Europe.
• Section 132- the
disclosure of data by
former or current ICO
staff.
• Section 144- false
statement given in
response to the notice
of
• information
• Section 148- destroy or
falsify documents and

DATA PROTECTION ACT
2018
1(c)
• Statutory Instrument-
The Data Protection Act 2018
Section 36 (2) (Health Research)
(Amendment) Regulations 2019
• Function of the Statutory
Instrument- A controller
carrying out health research
processing of data that is
personal for health research
requires to have explicit

CRIMINAL FINANCES ACT
2017
2 (a)
New offences introduced under
the Criminal Finances Act
2017-
Offence of failing to prevent UK
and Foreign tax evasion
facilitation (Legislation.gov.uk,
2017)

CRIMINAL FINANCES ACT
2017
2 (b)
The Act was passed for
expansion of provisions of
Proceeds of Crime Act 2002 for
the confiscation of funds for
dealing with the properties
related to the terrorists and the
proceeds of the evasion of tax.
(Legislation.gov.uk, 2017)

WILLERS V JOYCE(1)
(2016)UKSC 43
3-
• In the case Lord Reed provided the
statement - “We have to develop a
body of law which is well-suited to
the conditions of the present day,
looking back to the achievements
of our predecessors.”
• This can be further explained that
for the prevention of the abuse
done to the criminal justice
process the courts in the current
times have more power than they

ATTORNEY-GENERAL REFERENCE
NO 4 OF 2002; SHELDRAKE V
DPP [2004] UKHL 43
4-
• The European Convention on Human Rights
has been incorporated in the domestic law of
UK by Human Rights Act 1998
(Legislation.gov.uk, 2019)
• Section 3- the courts are needed to construe
legislations compatible with the Convention
• Section 6- Courts are needed to bring the
provisions of common law in line with the
ECHR

• Article 6(2)- individuals charged with criminal
offences are required to be presumed by the
courts as innocent until they have been
proved as guilty.
• The judgment of the case Sheldrake v DPP
held that the issue in the case could not be
resolved by way of any “rule of thumb”, it
required to be examining the circumstances
and the facts of the provisions of the
legislation applicable to the case making the
ATTORNEY-GENERAL
REFERENCE NO 4 OF 2002;
SHELDRAKE V DPP [2004]
UKHL 43

REFERENCE
• Criminal Finances Act 2017 Retrieved from
Legislation.gov.uk, 'Criminal Finances Act 2017'
(Legislation.gov.uk, 2017)
<http://www.legislation.gov.uk/ukpga/2017/22/contents/ena
cted>
• Data Protection Act 2018 Retrieved from Legislation.gov.uk,
'Data Protection Act 2018' (Legislation.gov.uk, 2018)
<http://www.legislation.gov.uk/ukpga/2018/12/contents/ena
cted>
• European Convention on Human Rights
• Human Rights Act 1998 Retrieved from Legislation.gov.uk,
'Human Rights Act 1998' (Legislation.gov.uk, 2019)
<http://www.legislation.gov.uk/ukpga/1998/42/contents>
• Proceeds of Crime Act 2002 Retrieved from
Legislation.gov.uk, 'Proceeds Of Crime Act 2002'
(Legislation.gov.uk, 2019)
<http://www.legislation.gov.uk/ukpga/2002/29/contents>
• Sheldrake v DPP [2004] UKHL 43

THANK YOU