Summer Round Up: Research and Resources – 3 September 2015

3 09 2015

Resource RoundupThe past month has produced a rich crop of articles and blog posts on media and legal issues which may be of interest to readers of Inforrm.   We will deal with these under five headings: Interception and Surveillance, Lachaux and Serious Harm, Articles on the Right to be Forgotten, Articles on Defamation and Free Speech and Articles on Privacy and Data Protection.

Interception and Surveillance

We begin with an important series of posts about the forthcoming Investigatory Powers Bill by Graham Smith on his Cyberleagle blog.

He points out that the Bill will replace a variety of statutes governing interception, mandatory communications data retention and communications data acquisition by public authorities. In particular it will supersede the Data Retention and Investigatory Powers Act 2014 (DRIPA) and parts of the Regulation of Investigatory Powers Act 2000 (RIPA). These are the posts

  1. Red Lines and no-go zones
  2. Legal and policy origins
  3. Bulk interception, Part 1 (External communications)
  4. Bulk interception, Part 2 (The Section 8(4) certificate)
  5. Bulk interception, Part 3 (Selection of intercepted material for examination)
  6. Targeted interception (Reasonable suspicion, Thematic warrants, Ban on disclosure)
  7. Extraterritoriality, Transparency and Data sharing
  8. Communications Data Retention, Part 1 (Content/communications data boundary, Compelled data generation)
  9. Communications Data Retention, Part 2 (Third party data collection, Request filter)
  10. Communications Data Retention, Part 3 (Retention of weblog data)
  11. Communications Data Retention, Part 4 (Mandatory data retention purposes, Prior independent authorisation)
  12. Communications Data Acquisition
  13. Future-proofing

Cyberleagle also provides links to the key reference documents for the forthcoming Bill:

Lachaux and “Serious Harm”
The decision in July in the case of Lachaux v Independent Print [2015] EWHC 2242 (QB) was the most important so far on the concept of “serious harm” in section 1 of the Defamation Act 2013.  We had a post on the decision on 4 August 2015 – and a discussion of the procedural guidelines.

Over the past month there have been a number of other discussions of the case on legal blogs and websites – these are the ones which have been drawn to our attention:

Articles on the “Right to be Forgotten”

Articles on Defamation and Free Speech

Articles on Privacy and Data Protection


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