UK law
National Security and Investment Act 2021: first application for interim relief against final order
In R (on the application of FTDI Holding Ltd) v Chancellor of the Duchy of Lancaster [2025] EWHC 241 (Admin), the High Court considered (and dismissed) an application for interim relief against a final order which had been issued under the National Security and Investment Act 2021. The order required the (Chinese) claimant to divest its 80.2% shareholding in a Scottish semiconductor company due to national security concerns. The court discussed the principles that courts would generally apply to applications interim relief in public law cases, both from a general perspective and specifically in a national security context. Ultimately the court prioritised national security concerns over commercial interests saying that “the “the public interest weighs heavily against the grant of interim relief”.
ICO issues Tech Horizons report 2025
The ICO has issued its latest Tech Horizons report. Its last report explored eight emerging technologies, including genomics, immersive virtual worlds, neurotechnologies and quantum computing. The latest report covers connected transport, quantum sensing and imaging, digital diagnostics, therapeutics and healthcare infrastructure and synthetic media and its identification and detection. It also includes a retrospective review of selected technologies covered in previous Tech Horizons editions, updating areas of significant development. By identifying the privacy and data protection implications of emerging technologies early, the ICO says that it can provide timely regulatory advice and support innovators to embed safeguards during the design phase. It can offer further support to organisations developing these technologies through its Regulatory Sandbox.
Crime and Policing Bill introduced to Parliament
The Crime and Policing Bill has received its first reading in the House of Commons. It prohibits possessing or supplying a SIM farm with no legitimate purpose. SIM farms are used to make scam calls and post misleading, false or phishing messages on social media in bulk. They are also used to send legitimate telecommunications traffic at significantly cheaper rates, which breaches telecoms’ operators’ terms of service. The Bill also contains provisions allowing a judge to grant an IP address suspension order requiring an IP address provider to prevent access to an IP address for a specified period not longer than 12 months where it is being used to commit serious crime. It also provides for a judge to grant a domain name suspension order requiring a domain name registry or registrar to prevent access to a domain name. The Bill also provides for a new offence that will criminalise the possession of guidance for on how to use AI to abuse children sexually, by amending the offence to include advice or guidance on making pseudo-photographs or prohibited images. It also provides for a new offence which criminalises the provision of a service on the internet which facilitates child sexual abuse. Under the Bill, Border Force officers can require an individual entering or leaving the UK to unlock or unblock their digital devices for examination, where that officer reasonably suspects that the device may contain evidence of child sexual abuse material. The Bill also aims to strengthen the law in relation to the taking of intimate images without consent and the installation of equipment with the intention of enabling either oneself or another to do so. It is due to receive its second reading on 10 March 2025.
EU law
Commission presents new best-practice election toolkit on the Digital Services Act
The European Commission has published an elections toolkit, providing practical details on how the Digital Services Act (DSA) Election Guidelines can be applied during electoral processes. Aimed at national regulators (Digital Services Coordinators), the toolkit provides advice and guidance on how they can be implemented in practice. The DSA elections toolkit summarises the best approaches and practices that national regulators have pioneered over the last year to mitigate risks on Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) during elections. The toolkit is a set of best practices that help member states’ regulators in their work with VLOPs and VLOSEs to address risks like hate speech, online harassment, and manipulation of public opinion, including those involving AI-generated content and impersonation. The toolkit offers recommended practices and suggestions in four key areas: stakeholder management, communication and media literacy, incident response, and monitoring and analysis of election-related risks. By providing this guidance, the toolkit aims to reinforce the Commission’s and Member States’ ongoing efforts to help safeguard the integrity of electoral processes in the EU. The DSA Election Toolkit builds on the Election Guidelines for VLOPs and VLOSEs published in March 2024, as well as on the experience gained in the implementation of the Code of Practice on Disinformation and the DSA election integrity readiness dialogues that the Commission has held with public authorities, VLOPs, VLOSEs and other stakeholders since September 2023.
