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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Case Law, Canada: R v Spencer, Warrant required for ISPs to disclose subscriber information – Iris Fischer

20 06 2014

Canada Supreme CourtIn a landmark privacy decision, R. v. Spencer, (2014 SCC 43), the Supreme Court of Canada has ruled that individuals have a reasonable expectation of privacy in Internet usage information, and that law enforcement authorities who wish to obtain subscriber information from ISPs must, in most circumstances, do so pursuant to a warrant. Read the rest of this entry »





Case Law, Strasbourg: Couderc and Hachette Filipacchi Associés v France, A Hereditary Game of Thrones – Alexia Bedat

13 06 2014

????????????????????????????In the case of Courdec and Hachette Filipacchi v France the privacy rights of another member of Monaco’s ruling family were outweighed by the interests of the press: French court order found to have breached Paris-Match’s Article 10 by Strasbourg. Read the rest of this entry »





The “Recovering Drug Addict,” the Blog and Defamation – Susan Brenner

10 06 2014

T Boone Pickens JrAs Daily Mail explained at the time, a year (or so) ago, Texas oil billionaire T. Boone Pickens, Jr. and three of his children — Elizabeth Cordia, Pamela Pickens, and Thomas B. Pickens III – sued his son Michael O. Pickens.  Pickens v. Cordia, 2014 WL 2134540 (Texas Court of Appeals 2014). Read the rest of this entry »





The Weller Case: England and Germany getting closer by protecting children in the media – Judith Janna Märten

8 06 2014

PaparazziThe recent decision of Weller & Ors v Associated Newspapers Ltd [2014] EWHC 1163 (QB)has strengthened the rights of children against the mass media in English law. This decision is an important step in developing the rights for children against paparazzi under Article 8 ECHR. Read the rest of this entry »





Does Australia need a statutory right to privacy? – Tom Blackburn SC

6 06 2014

gazetteBarrister Tom Blackburn SC reviews the current media and social media landscape and considers it is time for a “personally enforceable tort of privacy” – one which doesn’t discourage investigative journalism.

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The Trick to Privacy Protection? Wear Big Pants – Amber Melville-Brown

3 06 2014

Duchess of Cambridge and QueenThe privacy of the Duchess of Cambridge is worth its weight in lead. Not gold, but lead. Her mother-in-law, Her Majesty Queen Elizabeth II, has never been photographed in a wardrobe malfunction with the royal pins – let alone the royal buttocks – on display as a result of a treacherous gust of wind. Not only does she favour more sober attire than young Kate, but she also has tiny balls of lead sewn into the hems of her dresses. Read the rest of this entry »





News: German Court orders ex-partner to delete intimate images taken during relationship

31 05 2014

ImageA German Court has held that, after the conclusion of a relationship, one party may be ordered to delete intimate photographs and videos of the other which were taken during the relationship. Read the rest of this entry »





Does Australia need a statutory right to privacy? – Justin Quill and Peter Bartlett

31 05 2014

gazetteMedia lawyers Justin Quill and Peter Bartlett argue that Australia already has laws to protect serious invasions of privacy and warn against the chilling effect on reporting that a statutory right to privacy would have

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