The dispute between Telegraph owners the Barclay brothers has been widely reported. It centres on the accusation by Frederick Barclay that his nephews (the sons of his Telegraph co-owner David) made a secret recording of private discussions between Frederick and his daughter. The discussions were of a highly sensitive commercial nature. The case brought by Frederick – which is still before the courts – raises a series of allegations, including:
Sir Frederick and his daughter Amanda (the claimants) allege a breach of confidence, misuse of private information and breach of data protection rights in relation to covert recordings of more than 1,000 conversations made in the Ritz Hotel in London from November 2019.
These recordings contained private and privileged conversations between the claimants and their solicitors, trustees, bankers and business associates about:
Whether the details of these private conversations are ever released to the public will depend on the course the case takes. The defendants have admitted making the conversations and have offered to pay damages in respect of some of the claims. But whatever way this high profile case resolves itself it has already provided data protection and privacy lawyers with a stark reminder of the importance of data protection laws and the valuable protection afforded to individuals by privacy law.
The Barclay brothers’ case demonstrates clearly the vital importance of protecting confidential and commercially sensitive information. At Nath Solicitors in London we work with a range of businesses to ensure that they implement appropriate procedures internally to minimise the possibility that confidential information enters the public sphere. Best practice may involve:
Finally it is crucial in this technological era that your data protection measures are always kept up to date. Carrying out regular checks, reviews and audits of the personal data you process and the protection measures you have in place will identify threats that would have otherwise gone unnoticed.
Data protection breaches can cause reputational damage to companies and attract stringent fines from the Information Commissioners Office (the ICO) so its important to always have a clear oversight of the data you process and control in the course of your business. You should also ensure that you observe a strict data retention policy and delete information you no longer need or are required to retain.
At Nath Solicitors we provide comprehensive advice on all aspects of privacy law and data protection law, including advice on GDPR compliance. For further information please contact our director Shubha Nath on 44 (0) 203 670 5540 or use the covid19 emergency contact form to get in touch.
"Shubha Nath is my go-to lawyer. She provided my department with commercial legal services for the best part of 10 years. She listens carefully to what the business requires, is clear in her explanation of complex legal agreements and frameworks and is incredibly fast at turning round documents. I was so impressed by her I've recommended her company Nath Solicitors to other businesses."Testimonial From Bernard McKeown
"Shubha, I'd just like to thank you for helping me to come to an amicable settlement with my former company co-directors so quickly and effectively. The advice and suggested approach certainly worked very well for me and I also felt a sense of safety and control being mentored through a very daunting process. You are brilliant at what you do and you helped me to cope with a very stressful situation. I would not hesitate to recommend you and Nath…Testimonial From Stephan Hepton
“I would like to thank and recommend Nath Solicitors and Shubha personally for all your professional advice and help. We have a variety of business interests from Medical and Dental to Analytics and Artificial Intelligence; I am extremely impressed how Shubha has been able to advise in all of these fields for a variety of unrelated projects. We have been particularly impressed with hard work, dedication, professional approach and personal touch. Dr Chetan.”Testimonial From Dr Chetan
I live in Saudi Arabia. Although thousands of kilometers separated us, I picked up the phone and talked to Shubha and I asked her to help me in what I believed was a fraud case. She answered gladly. She was smart, honest, and professional; she has been receiving my calls, letters and emails for more than one month did not seem to mind at what time I communicated with her and it was any time and she always responded quickly. Shubha…Dr Aldarwish ( International client)
We are pleased to note our satisfaction with the standard of service, offered to us by qualified and efficient team of Nath Solicitors. This is a Firm with high integrity and strong, traditional, values focusing on providing the utmost levels of customer satisfaction but don’t just take their word for it, take time to review their customer testimonials. Shubha Nath, who has been providing services to our company, has shown how passionate she is about her job and has delivered…MD of Security Company Dispute Resolution Testimonial
Client comment on company incorporation and advice on a shareholders agreement prepared by Shubha Nath. We felt well advised and Shubha protected our interests immaculately and we are truly very grateful to her for all her help in securing our interests. Director Food Company.Director of a Food Company
We would like to reassure clients that everything at Nath Solicitors is
business as usual.
During this COVID-19 outbreak, we would like to reassure you that we have well formulated business continuity plans in place to ensure matters are dealt with.
During these uncertain times we know that you may have concerns about your contract. At Nath Solicitors we are currently offering special fixed prices for a review and short initial consultation; if you need help contact us via our contact form or by email at firstname.lastname@example.org and we will be happy to assist you.