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
Don’t be a data protection fundamentalist
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.” Continue reading
Defamation and data protection: hand-in-glove
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? Continue reading
SARs and Legal Professional Privilege
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
Lord Toulson will be speaking at the Information Law Conference
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
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