The central question for the Supreme Court in Bloomberg v ZXC [2022] UKSC 5 was, as Lords Hamblen and Stephens put it (with Lord Reeds, Lloyd-Jones and Sales agreeing): “whether, in general, a person under criminal investigation has, prior to being charged,  a reasonable expectation  of  privacy  in respect  of  information  relating  to  that  investigation”. The short answer […]

There has been much talk about the recent Supreme Court decision in Lloyd v Google (see Rupert’s excellent summary here). While great minds have been focusing on the learning from their Lordships, there have also been some recent data protection nuggets from lower down the chain that are worthy of some consideration.

The UK Government’s recent introduction of an Online Safety Bill has raised afresh the important question of the extent to which online intermediaries can and should be required to curate and police the content that they host or index online. The Bill itself is controversial. Not least there are serious questions as to whether, as […]

Suppose I run a website in the US. I only have staff and offices there, and my target audience is America. Sometimes punters in the UK read my stuff and even buy the odd thing from my website, but not that much, and I don’t really care if they do or not. Is the territorial […]

Ever since the Information Commissioner issued British Airways with a notice proposing to impose a massive fine of £183.39m for a data breach incident in 2018, we have all be waiting with bated breath to see how that process would conclude. A fine at that level would have been the largest ever issued by a […]

It is a common trope of media lawyers that defamation claims have been on the wane since the Defamation Act 2013, and that data protection law might be the way to fill the gap. (We at Panopticon scorn such arriviste tendencies.) And in Warby J, there is a willing champion of alignment of legal principles […]