Bounty – A Taste of Data Protection Paradise?

April 14th, 2022 by Christopher Knight

In April 2019, the ICO fined Bounty UK Ltd £400,000 for a breach of the first data protection principle under the DPA 1998, in circumstances where it operated a data broking service alongside pregnancy and parenting support services, but failed transparently and fairly to make clear to data subjects that it would share their data. One of the ways in which Bounty got access to data subjects, was under contracts with NHS Trusts, giving them access to new mothers. Read more »

 

A war of words: EU sanctions and the blocking of online ‘disinformation’

March 16th, 2022 by Anya Proops QC

The decision by Western powers to fight the war in Ukraine through swingeing sanctions regimes is widely regarded as a hugely powerful demonstration of the West’s unified commitment to the championing of liberal democratic values, in the face of an amoral totalitarian aggressor. However, an important question which falls to be answered is whether those regimes may ironically also pose a threat to the very values they are seeking to defend, particularly insofar as they operate so as to curb media and online freedoms; free expression of course being one of the cornerstones of any liberal democracy. This question has now become very hard-edged, particularly as a result of the interpretation which the EU Commission is apparently placing on particular EU sanctions legislation embodied in EU Regulation 2022/350 (“the Regulation”). Read more »

 

TikTok: keep an eye on the clock

March 10th, 2022 by Robin Hopkins

Prior to the Supreme Court’s judgment in Lloyd v Google [2021] UKSC 50, numerous representative claims – akin to opt-in class actions – were afoot in the data protection arena. Most seem, understandably, to have fizzled out following Lloyd. But not all. Following this week’s judgment in SMO v TikTok Inc. and Others [2022] EWHC 489 (QB), the claim against TikTok has more or less scraped through its first procedural hurdle, and now is now gearing up for a summary judgment hearing in the months ahead. Read more »

 

Bloomberg v ZXC – the Supreme Court decides

February 25th, 2022 by 11KBW Blogs

The central question for the Supreme Court in Bloomberg v ZXC [2022] UKSC 5 was, as Lords Hamblen and Stephens put it (with Lord Reeds, Lloyd-Jones and Sales agreeing): “whether, in general, a person under criminal investigation has, prior to being charged,  a reasonable expectation  of  privacy  in respect  of  information  relating  to  that  investigation”. The short answer was “yes”.

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Duchess of Sussex v Associated News Ltd – the Court of Appeal Rules

December 2nd, 2021 by Anya Proops QC

The Court of Appeal has today refused an appeal by Associated News against the decision of Mr Justice (now Lord Justice) Warby to grant the Duchess of Sussex summary judgment in respect of her claim for breach of privacy rights and breach of copyright against Associated. This is an important judgment on the interplay between privacy and free speech rights, not to mention the application of copyright law, and so bears some detailed consideration. Read more »

 

Data in the sporting arena – LawInSport Conference next week

December 2nd, 2021 by Anya Proops QC

In case of interest, LawInSport’s Annual Conference is running a panel session next Tuesday morning on the subject of the use and commercialisation of player data in the sports arena (I am speaking alongside Hugh Tomlinson QC and Jorge Oliveira, Head of Data Protection at FIFA). The entire two-day conference is now being run remotely. You can purchase tickets here.

Anya Proops QC