Data and privacy
Size doesn't matter: regulating "big data" in a "small data" world
Big data is everywhere. Once the preserve of innovators and technology entrepreneurs, big data analysis is now routinely used by a wide range of public and private sector organisations. It’s a tool for planning, resource management and gaining competitive advantage.
Read moreCompensation for "distress-only" claims under DPA
In an important ruling, the Court of Appeal confirms that the cause of action for misuse of private information is a tort and rules on the meaning of “damage” under s13 of the Data Protection Act, allowing claimants to recover compensation for “distress” resulting from a breach of the Act without also having to prove pecuniary losses.
Read moreGoogle v Vidal-Hall: the rise and rise of data protection rights
In an important decision handed down on Friday, the Court of Appeal confirmed that misuse of private information is a tort, and that claimants may recover damages under the Data Protection Act 1998 (the "DPA") for distress without also proving pecuniary losses.
Read more91 year-old activist and angry neighbour: Supreme Court looks at police retention of personal data
Case report: R (Catt) v Commissioner of Police of the Metropolis and ACPO and R (T) v Commissioner of Police of the Metropolis [2015] UKSC 9
Read moreApps: regulators globally push for data transparency
“Not in front of the telly: Warning over ‘listening’ TV”.
Read moreCofA applies rare 19th Century tort in granting injunction
The Court of Appeal has granted an injunction against the publication of a well-known performing artist's book to protect the rights of his son, not on the basis of misuse of private information but because publication would be likely to cause psychological harm to the son.
Read moreNo loss of confidence – causation in confidential information claims
Richmond Pharmacology Ltd v Chester Overseas Ltd, Milton Levine and Larry Levine [2014] EWHC 2692 (Ch)
Read moreBrand & Khan obtain continuing "anti-harassment" order against masseuse
The High Court has recently granted an extension to an anti-harassment injunction taken out by Russell Brand and Jemima Goldsmith, otherwise known as Jemima Khan (the Claimants), against a masseuse (the Defendant).
Read moreSupreme Court clarifies continuing police disclosure obligations
The recent Supreme Court judgment in the case of R (on the application of Nunn) v Chief Constable of Suffolk Constabulary and another sheds further light on the continuing duty of the police and the Crown Prosecution Service to disclose information in criminal cases post-conviction.
Read moreHow to get Google to remove outdated links to your personal data
Google has today announced how it intends to deal with the European Court's judgment in the Google Spain case[1].
Read moreNo damages for the solicitor whose private information was misused by a prostitute whom he'd short-changed
In an unusual privacy claim decided last week, the High Court dismissed the majority of a solicitor's claims against a prostitute for misuse of private information, harassment, breach of confidence and breach of contract.
Read moreSearching for answers – Google v Gonzalez
Data protection unusually made headline news yesterday when the Grand Chamber of the European Court of Justice (the ECJ) handed down its landmark judgment on Google Inc. v. Mario Costeja González.[1]
Read moreWill Prince Charles's musings see the light of day?
R (Evans) v Attorney General 2014 EWCA 254
Read moreHas the Weller case created an image right in relation to the facial expressions of children?
The singer Paul Weller, acting on behalf of three of his children, was successful in his privacy action against Associated Newspapers Limited (ANL) in relation to seven unpixellated photographs of the children and their father out shopping on a public street and relaxing in a café in Los Angeles.
Read moreICO urges app developers to respect users' privacy
The Information Commissioner's Office (ICO) has published guidance[1] aimed at helping mobile app developers comply with the Data Protection Act 1998 (DPA) and ensure that the privacy of app users is protected.
Read moreLast gasp of the super-injunction
Super-injunctions are almost an extinct species. 'Non-super' privacy injunctions however remain alive and kicking with according to recent figures a 100% success rate on interim applications.
Read moreCosts protection reform - privacy and defamation cases
The government has unveiled its latest attempt to resolve the tension between its plans to abolish success fees in CFAs and ATE premiums (to reduce costs in privacy and defamation cases) while still making proceedings accessible to less wealthy parties.
Read moreGreater transparency in the family courts - New Draft Guidance
Proposed new guidance recommends that decisions of the family courts should always be published, unless there are compelling reasons against publication.
Read moreCloud confidentiality – or not …
Anyone using a number of devices to access their information will be tempted to share files between those devices using a service such as Dropbox.
Read moreA Chinese lesson for private investigators
Those engaged in the investigation business – whether sniffing out personal or corporate intelligence – are well aware of the need to comply with laws that protect personal information.
Read moreNo basis for murderer's anonymity and an alert from the bench
Four media groups[1] have successfully challenged an anonymity order and related reporting restrictions made in the course of judicial review proceedings brought by the notorious murderer, David McGreavy.
Read moreNo breach of privacy in publication of information that child's father is a prominent politician
The Court of Appeal has upheld a High Court judgment that disclosures in the Daily Mail about a child's paternity did not infringe the child's rights of privacy.
Read moreFinancier granted permanent anonymity in defamation proceedings
Proceedings have finally drawn to a close in the case of ZAM v CFW & TFW, which involved a financier who claimed to have been libelled by his sister-in-law (the first defendant) and her husband (the second defendant).
Read moreDefence to Harassment actions reformulated
The Supreme Court has handed down a judgment in Hayes v Willoughby1 that redefines the scope of the most commonly used defence to claims of harassment.
Read moreCan schools take pupils' fingerprints?
The Times reported last week that parents at an independent school in north London had protested when fingerprints were allegedly taken from pupils without consent with a view to the fingerprints being used for the automated lunch payment system.
Read moreUK/EU conflict over the 'right to be forgotten'
The Guardian is reporting today that Britain wants to opt out of the 'right to be forgotten', the term applied to article 17 of the Data Protection Regulation which is intended to facilitate the deletion of personal data on request whether or not the data is incomplete or incorrect.
Read moreDo we really value our privacy?
How much do we really care about our personal privacy? Research suggests less than we might like to think.
Read moreDid the Australian radio hosts breach their industry code?
Will the Australian Communications and Media Authority (ACMA) take tough action not only in respect of the broadcast without permission of the secretly recorded telephone call, but also for breaching the Duchess of Cambridge’s privacy?
Read moreLeveson's vision of a regulated press
The question of what changes result is essentially a political matter.
Read moreUnmeritorious privacy claim dismissed as attempted extortion.
A privacy claim brought by an ex-business associate of Lord Sebastian Coe in relation to an Evening Standard article which published leaked business emails was dismissed on Tuesday by the High Court.
Read moreUK referred to ECJ over internet privacy
On 30 September 2010 the European Commission announced that it referred the UK to the European Court of Justice for its alleged failure to implement EU laws on the confidentiality of electronic communications such as emails or internet browsing.
Read moreIrish court dismisses privacy claim
Ruth Hickey (who is the former partner of David Agnew (according to recent Irish press reports), who in turn is the former husband of Adele King (also known as “Twink”), an Irish entertainer) brought a claim against The Sunday World newspaper in the Irish High Court for (1) breach of her (and her son’s) rights of privacy and (2) libel .
Read morePrince Harry – has the Sun got it right?
This blog noted a couple of days ago that clause 3 of the PCC Code requires editors to justify intrusions into an individual’s private life without consent.
Read moreA former editor’s view on the naked Royal
There’s an interesting view on the naked pictures of Prince Harry from a former tabloid editor.
Read moreMP’s partner loses privacy and harassment case against newspaper publisher
Carina Trimingham has lost her privacy and harassment case against the publishers of the Daily Mail.
Read moreWhat’s really wrong with pictures of the Duchess of Cambridge shopping?
The celebrity magazine Heat has published the following apology:
Read moreWhen can you sue under a disguised name?
In what circumstances can a claimant in civil litigation commence proceedings under a pseudonym?
Read moreJudgment awaited in Trimingham harassment case
Carina Trimingham's privacy and harassment case against Associated Newspapers was heard by Mr Justice Tugendhat in the High Court last week. Judgment has been reserved.
Read moreParliamentary committee reports on privacy
The Joint Committee on Privacy and Injunctions has reported.
Read moreAccess to Documents in Criminal Proceedings – Guardian Challenge Secures Change
The Court of Appeal has ruled that where documents have been placed before a judge and referred to in the course of open proceedings, the default position should be that access should be permitted on the open justice principle.
Read moreMoJ publishes first statistics on privacy injunctions
Yesterday the Ministry of Justice published the first set of statistics on privacy injunctions, following the recommendations in the report by Lord Neuberger's Committee on Super Injunctions published in May last year.
Read moreGiggs' claim for privacy damages is struck out
Ryan Giggs has lost his claim for damages against News Group Newspapers ("NGN").
Read moreICO fines Midlothian Council £140,000 - ICO's highest ever fine for data breaches
The Information Commissioner's Office (the "ICO") has fined Midlothian Council £140,000 for five separate security breaches, which involved accidental disclosure of confidential and sensitive personal data about children and carers to the wrong recipients.
Read moreChief Executive of Ann Summers gets privacy injunction
Mr Justice Tugendhat has today handed down a short judgment explaining why he made an interlocutory order to prevent the publication of private and confidential information about Jacqueline Gold, the high-profile Chief Executive of Ann Summers.
Read moreCabinet minister's 17-year-old son gets privacy injunction but not anonymity
The son of Caroline Spelman, the Environment Secretary, has obtained an injunction against the publishers of the Daily Star Sunday.
Read moreStrasbourg Rulings on Two Personal Privacy Claims
The Grand Chamber of the European Court of Human Rights yesterday handed down its much anticipated decisions in the important privacy cases Axel Springer and von Hannover.
Read moreShould Demi Moore's emergency call have been kept private?
When the actress Demi Moore needed emergency medical care at her home in Los Angeles last week, her friend called 911.
Read moreDamages for unauthorised access to medical records
A judge has awarded £12,500 to a man whose pre-existing personality disorder was exacerbated after his partner accessed his medical records and challenged him about his mental illness.
Read moreOnline privacy rights strengthened by EU data protection reform
The EU has proposed important reforms to data protection laws. The reforms have two aims: increased online privacy rights and boosting the digital economy by removing or easing some unnecessary administrative burdens.
Read moreNew Injunction Guidance
We have previously reported on the controversy surrounding the number and effect of privacy injunctions
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