It all seems a long time ago that the CJEU handed down its judgment in Google Spain and inculcated the right to be forgotten doesn’t it? Commentators – including here and here – opined with varying degrees of wailing and gnashing of teeth about the implications of it, and how endless litigation was anticipated. But […]
For all those of you who are currently wading through the quagmire of GDPR compliance and are pining for some diverting news, you might like to note that the Court of Appeal will be hearing a number of important data protection appeals over the course of this year. They include appeals in the following cases: […]
A spectre is haunting data controllers – the spectre of group liability for data breach. In Vidal-Hall v Google [2015] EWCA Civ 311 the Court of Appeal held that damages claims under section 13 of the Data Protection Act 1998 (DPA) can be brought on the basis of distress alone, without monetary loss. Since […]
It’s as if everyone has their head down preparing for the GDPR. Recent weeks have produced very little by way of judgments in the data protection area. They have, however, produced an Advocate General’s opinion in a case about the data controllers of Facebook fan pages. That opinion is worth noting because (rightly or wrongly) […]
The GDPR is still eight months away from coming into force, but – as with any such sea-change – it is informing much of our data protection thinking already. In its recent judgment in the Barbulescu case about monitoring employee communications, for example, the European Court of Human Rights cited provisions of the GDPR. Here […]
In its (in)famous Google Spain judgment in 2014, the CJEU breathed life into the right to be forgotten. That right – explicitly preserved in the GDPR – is one of the more divisive limbs of EU data protection law: it is good for privacy, but it can be very bad for freedom of expression. That […]
