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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. Continue reading →

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

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 →

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 →

A hitherto-overlooked element of the Christmas story is the significant role of personal data in the fulfilment of ancient prophecy.

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There is just about still time in 2016 for the Upper Tribunal to weigh in on a couple of FOIA appeals concerning the UK’s military activity in Kosovo and Serbia in 1999. These give rise to a number of issues, exemptions and passing judicial comment which warrant notice and, in some cases, a degree of head-scratching. Continue reading →