Australia: Privacy Report, Interview with Barbara McDonald

18 09 2014

gazetteThe ALRC report on Serious Invasions of Privacy in the Digital Era surprised no one by recommending an actionable tort of privacy … In this interview with Australian online media law publication, the Gazette of Law and Journalism (“GLJ”), the commissioner for the inquiry, Professor Barbara McDonald, reveals the forces at play and the thinking behind the report’s key features

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Grief, Privacy, Social Media, MH17 and Sky News: where is the line between news and voyeurism? – Jessica Lovell

10 08 2014

Ukraine-Colin-Braz_2981190bSky News were left red faced last month after presenter Colin Brazier was shown rummaging through the items of a passenger at the crash site of flight MH17. The presenter immediately acknowledged the error in judgment and stated on air that he “shouldn’t be doing this”. Read the rest of this entry »





The Context of Caryatid: Part 2, The Royal Telephone Directories – The Regular Contributor

8 08 2014

Metropolitan PoliceOn 8 August 2006, the Metropolitan Police Service (MPS) raided and arrested Clive Goodman and Glenn Mulcaire.  Amongst documents seized from Goodman were 15 Royal contact directories. Read the rest of this entry »





Case Law: PNM v Times Newspapers, Open justice and reporting information about a suspect – Hugh Tomlinson QC

5 08 2014

Central Criminal CourtThe Court of Appeal has dismissed the claimant’s appeal in the case of PNM v Times Newspapers ([2014] EWCA Civ 1132) holding that, on the basis of the “open justice principle”, information mentioned in open court concerning a person who was arrested but not charged could be reported.  Read the rest of this entry »





Case Law: R (T) v Secretary of State for the Home Department, The right for (criminal records) to be forgotten – Dominic Crossley and Clarissa Ferguson

3 08 2014

criminal-background-checkArticle 8 of the European Convention on Human Rights has once more proved a thorn in the side of the Government.  The recent Supreme Court case of R (T ) v Secretary of State for the Home Department ([2014] UKSC 35provides important guidance on the scope of private information, the criminal record checking system and what will be considered in accordance with the law.  Read the rest of this entry »





Case Law, R (T) v Secretary of State for the Home Department, Criminal record check regime incompatible with Article 8 – Anita Davies

29 06 2014

cbr_2433751bOn 18 June 2014 the Supreme Court handed down judgment in R (T) v Secretary of State for the Home Department [2014] UKSC 35. The case concerns the mechanism governing criminal records checks (‘CRCs’) and enhanced criminal record checks (‘ECRCs’), and what an applicant is required to disclose to a potential employer. As such, the case has important ramifications for both employers and job applicants. It is also the latest development in a long running saga concerning criminal record checks and an individual’s ability, and indeed right, to put the past behind them. Read the rest of this entry »





Case Law, Israel, Plony vs Plonit, Supreme Court Upholds Decision to ban book which invaded privacy – Michael Factor

27 06 2014

privacyThis decision by the Israel Supreme Court concerns an appeal by an author against a decision by Judge Kanfi-Steinitz of the Jerusalem District Court that included a permanent injunction prohibiting publication of his book and 200,000 Shekels in statutory damages.

The decision tackles fundamental constitutional issues and is notable for its review of Jewish sources as well as democratic ones.  The decision is available here (Civil Appeal 8954/11) as a Word document, in Hebrew.

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