Dawson-Damer: The Irresistible Rise of the DPA

February 16th, 2017 by Christopher Knight

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). Read more »

 

Don’t be a data protection fundamentalist

January 27th, 2017 by Robin Hopkins

So, data protection fans, what do you think of this?

“… data protection laws reach into and are employed in rather surprising circumstances. It generates, not just for the uninformed bystander, a certain intellectual unease as to the reasonable use and function of data protection rules.” Read more »

 

Defamation and data protection: hand-in-glove

January 27th, 2017 by Robin Hopkins

Suppose you publish a statement about me to which I object. Can I sue you for both defamation and data protection breaches based on the same set of facts? Or should that sort of ‘doubling up’ be prohibited as a disproportionate attempt to achieve the same objective in different ways? Read more »

 

SARs and Legal Professional Privilege

January 25th, 2017 by Julian Milford

It’s fair to say that the Supreme Court’s Brexit judgment has taken some attention from other legal developments of the day, but Holyoake v (1) Candy (2) CPC Group Limited [2017] EWHC 52 is another significant judgment on the scope of the subject access right under s.7 DPA, and not just because it involves all 4 of Panopticon’s editors.

In the context of underlying multi-million pound proceedings in the Chancery Division between the parties, who are high-end property developers, Mr Holyoake made SARs against Mr Candy and CPC, which he asserted had been inadequately answered. Mr Holyoake claimed that the defendants had carried out inadequate searches, and that Mr Candy had invalidly relied on the LPP exemption. Read more »

 

Lord Toulson will be speaking at the Information Law Conference

January 13th, 2017 by Claire Halas

We are delighted to announce Lord Toulson will be speaking at the Information Law Conference on 27th March 2017. For more information about the conference click here

 

Facebook and Misuse in Northern Ireland: Round 2

January 11th, 2017 by Christopher Knight

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. Read more »