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 Christmas Present for Privacy Activists: Tele2 Sverige / Davis & Watson
A hitherto-overlooked element of the Christmas story is the significant role of personal data in the fulfilment of ancient prophecy.
Truly, Madly, Deeply (Confused about NCND) – Savic (Garden) in the Upper Tribunal
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
Appealing or Unappealing? The Appellate Role in Specialist Tribunals
It is coming up to the end of the year, and what better gift could Panopticon provide for its litigious readers than a reminder of the principles applicable to the appellate tribunals and courts? I know, almost impossible to imagine anything more fun isn’t it? Think of this as the equivalent to that new set of socks you got given: boring but practically important when you wake up half cut one morning with the cat having stolen half your footwear. You never know when you might need a helpful collation of principles to ward off the Upper Tribunal from that hard won wool you pulled over the eyes of the First-tier Tribunal. Continue reading
Alternative Remedies and the DPA
Data subjects will very often wish to challenge the compliance of public authorities with the Data Protection Act 1998. How should they do it? If it were a private body which was the data controller, the only route would be way of Part 7 or Part 8 claim under the DPA – a claim under section 7(9) if it concerns a subject access request. But could the same complaint against a public authority data controller be brought by way of judicial review under Part 54? Continue reading
A Human Right to Freedom of Information
Last week, the Grand Chamber of the European Court of Human Rights handed down its much-awaited judgment in Magyar Helsinki Bizottság v Hungary (18030/11) (see previous post here). The judgment, over a year in formulation, is a landmark in the application of human rights principles in the freedom of information arena.