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Google faces UK lawsuit over NHS patient data breach – JURIST

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A single plaintiff filed a representative action lawsuit against Google and its artificial intelligence (AI) subsidiary DeepMind Technologies in the High Court of Justice in England and Wales on Tuesday for misuse of private information. The misuse arose from a data sharing agreement between DeepMind and the Royal Free London National Health Service (NHS) Foundation Trust. In 2015, DeepMind and the NHS announced a collaboration to develop Streams, an app that would streamline access to patient data for more accurate acute kidney injury prognosis by doctors and nurses. However, the data-sharing agreement revealed that DeepMind was gaining access to five years of sensitive data on admissions, discharges and transfers, accidents, emergencies, critical care, pathology, and radiology data for more than 1.6 million covered patients. by the NHS without your knowledge or informed consent. In 2017, the UK’s data protection watchdog, the Information Commissioner’s Office (ICO), found that the data-sharing deal breached Data Protection Act and sanctioned the NHS. The ICO investigation was limited to the test version of Streams and not its live version. It found that DeepMind’s use of patient data to test the clinical safety of Streams differed significantly from patients’ reasonable expectations while providing the NHS with their data for treatment. Furthermore, it found that the processing of 1.6 million patient records (partially) was not “necessary and proportionate” to test an app. Patients could not exercise their “right to opt out” of having their data used for Streams. Google, while able to avoid legal liability as the NHS was “directly responsible” for sending patient data, confirmed to the media in August 2021 that it would be dismantling Streams due to a lack of interest from health services. The current plaintiff, Andrew Prismall, stated that he brought the lawsuit to achieve a “fair outcome and closure” for the 1.6 million patients whose data was breached. A partner at Mishcon de Reya, the law firm representing Prismall, said the complaint could clarify the extent to which tech companies could “access and make use of private health information.” The suit follows other legal actions revolving around technology and health in the UK and the US. While this is the second such lawsuit announced by Mishcon, DeepMind was at the center of a class action lawsuit in US District Court against a similar data sharing agreement between Google and University Medical Center. Chicago in 2020. A lawsuit over struck NHS deals with tech company Palantir during the COVID-19 pandemic resulted in the government agreeing not to extend Palantir’s contracts after the pandemic without consultation.

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Indian court keeps journalist in police custody over tweet – JURIST

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The Delhi Metropolitan Magistrate’s Court on Tuesday ordered journalist and Alt News co-founder Mohammed Zubair to be held in police custody for four days. Zubair was arrested on Monday for the offenses of hurting religious sentiments and inciting enmity under Sections 153 and 295 of the Indian Penal Code. In 2018, Zubair posted a tweet showing a hotel whose name he changed from “Honeymoon Hotel” to “Hanuman Hotel”. Hanuman is a Hindu god. Delhi police arrested him based on a complaint about that tweet, which alleged that Zubair tweeted a “questionable image for the purpose of deliberately insulting the god of a particular religion.” accused for posting the tweet in question will be retrieved at the behest of the accused Mohammed Zubair from his residence in Bangalore, that the accused has not cooperated and (with) the disclosure statement recorded, four days PC (police custody) preventive detention of the accused will be concedes as the accused will be taken to Bangalore. Zubair’s arrest has been condemned by international organizations and national news organizations, including United Nations chief Antonio Guterres, Amnesty International, the Press Club of India and other media outlets.

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US Supreme Court Grants Review of Federal Bankruptcy Case – JURIST

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On Monday, the US Supreme Court agreed to hear MOAC Mall Holdings v. Transform Holdco, a case examining appellate court jurisdiction over sales orders in federal bankruptcy proceedings. The case revolves around the sale and transfer of a lease for a store in a shopping center. In 1991, Sears obtained a lease for a store in the Mall of America in Minneapolis, Minnesota. The lease only cost Sears $10 a year and was supposed to last 100 years. Sears, however, went bankrupt in 2018. As part of federal bankruptcy proceedings, Sears sold its assets and the Mall of America lease was transferred to Transform Holdco LLC, a corporation formed by Sears’ new owners. Mall of America sought to prevent the transfer because they claim that Transform Holdco LLC does not intend to occupy the leased facilities but to sublet them to other companies. Transform Holdco LLC argues that the long-term lease constitutes a substantial portion of the value Sears was sold for in the bankruptcy proceeding. The US Court of Appeals for the Second Circuit transferred the lease as it was deemed “integral” to a court-approved bankruptcy sale. Mall of America filed a petition with the US Supreme Court, arguing that a remedy is available that would not affect the validity of the sale. Therefore, according to Mall of America, the appellate court should be allowed to intervene. Transform Holdco LLC responds that no such remedy exists, and that the Second Circuit’s ruling should stand. The US Supreme Court must now determine whether federal bankruptcy law limits appeals on sales orders deemed “comprehensive,” even when a remedy is available that will not affect the validity of the sale. The court is set to hear oral arguments in the case next term.

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US appeals court to rehear challenge to Biden’s COVID-19 vaccine executive order – JURIST

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The US Court of Appeals for the Fifth Circuit issued an order on Monday stating that the court will rehear Feds for Medical Freedom v. Biden, a challenge to President Joe Biden’s 2019 executive order that required federal employees to get vaccinated against COVID-19 or face termination. In late May and early June, America First Legal Foundation, America’s Frontline Doctors, Airline Employees For Freedom Health, and an additional group of vaccine plaintiffs filed four amicus briefs in favor of a new full hearing. The plaintiffs in Rodden v. Fauci also filed a class action lawsuit made up of federal employees who contracted COVID-19, developed COVID-19 antibodies, “but remain subject to the federal employee vaccination mandate.” The Rodden plaintiffs argue that Biden and the “agencies he directs have no power to direct the personal medical decisions of federal employees,” and therefore this executive order is like an illegal government mandate. In addition, the group asserts that the panel’s refusal to review executive employment decisions is unlawful and thus protects “the exercise of unlawful governmental power.” In January 2022, a Texas judge blocked Biden’s executive order. Other state judges have also blocked enforcement of the COVID-19 vaccine mandate. In December 2021, a Georgia judge blocked the COVID-19 vaccination mandate for government contractors after the Texas Governor ordered a statewide ban on all COVID-19 vaccination mandates in October 2021 .

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