Data Protection and the Media Mainstream

Remember how for years a data protection claim would be bunged on the end of a libel and/or privacy complaint, receiving little to no judicial or litigation attention, because it was seen as a boring tecchie subject few understood? Those days have been over for some time (as us DPA drum-bangers have been pointing out), and the Queen’s Bench Division now agrees. A new Media and Communications List has been created within the QBD, to be headed up by Warby J. Continue reading

Dawson-Damer: The Irresistible Rise of the DPA

Hot off the presses comes the first of the Court of Appeal’s two forays into data protection law this term: Dawson-Damer v Tayor Wessing LLP [2017] EWCA Civ 74. It is an important decision and one well worth reading, particularly while waiting for round 2 (which has some overlaps) in Ittihadieh v 5-11 Cheyne Gardens / Deer v University of Oxford (likely to be handed down in the next month or so). Continue reading

Facebook and Misuse in Northern Ireland: Round 2

In amongst the exciting political developments in Northern Ireland of the last few days have been a positive parade of misuse of private information cases against online social media companies. I posted about the very interesting (yes it was) judgment of the Court of Appeal in CG v Facebook the other day, and now, hot on its heels, comes another: J20 v Facebook Ireland Ltd [2016] NIQB 98. This one is a less wide-ranging – and is a pure misuse of private information case rather than also having data protection points – but contains some further useful indications as to how the courts are approaching misuse in an e-Commerce world. Continue reading

A ‘Poke’ in the Eye for Claims against Facebook

The “internet has not alone changed our lives but it has also changed our vocabulary. A tablet is no longer made of stone, a bit does not help guide a horse and a cookie is more likely to affect your privacy than alleviate the pangs of hunger between meals!” A lengthy Christmas cracker joke? No, the observations – in excellent ‘Dad-joke’ style – of the Northern Ireland Court of Appeal in CG v Facebook Ireland Ltd & McCloskey (MOR10142) (Morgan LCJ, Gillen & Weatherup LJJ) at [54]. Continue reading