Data Protection and Intermediary liability: how do the French do it? – Sophie Stalla-Bourdillon

24 04 2017

While the scope of intermediary liability exemptions is being discussed in several places around Europe (and beyond), it is interesting to go back to the Overblog legal saga, which a few years ago had been described by some as pre-announcing other popular sagas, such as the infamous Google Spain case (discussed in a previous post here). Read the rest of this entry »





Government “Call for Views” on GDPR Derogations – Closing date 10 May 2017

19 04 2017

The Data Protection Team at the Culture Media and Sport Department is seeking the views of stakeholders on the derogations in the General Data Protection Regulation (“GDPR”) which will apply in the UK from 25 May 2018. Read the rest of this entry »





Case Law: Stunt v Associated Newspapers, Mail heads off attempt by businessman to prevent use of personal data in important decision on the Data Protection Act – Keith Mathieson

6 04 2017

In an important judgment in the case of Stunt v Associated Newspapers ([2017] EWHC 695 (QB)) that will be reassuring to news media organisations, the High Court has determined that section 32(4) of the Data Protection Act 1998 is not incompatible with EU law.  Read the rest of this entry »





The “Journalism Exemption” in the Data Protection Act: Part 2, Some Practicalities – Hugh Tomlinson QC

29 03 2017

In Part 1 of this post I argued that the mandatory conditions for the application of the “journalism exemption” in section 32 of the Data Protection Act 1998 (“the DPA”) are strict and required careful case by case consideration.  In this post I will consider some practical consequences of this analysis. Read the rest of this entry »





The “Journalism Exemption” in the Data Protection Act: Part 1, The Law – Hugh Tomlinson QC

28 03 2017

In recent years there has been a new focus by media lawyers on the operation of the “statutory privacy” provisions of the Data Protection Act 1998 (“the DPA”).  The Leveson Report and the resulting ICO publication “Data Protection and Journalism: a guide for the media” (“the ICO Guide”) has reminded us that the media must comply with the provisions of the act. Most importantly, the Court of Appeal’s “deletion” of section 13(2) (see our post here) has meant that general damages for distress are now available in DPA claims without proof of financial loss. Read the rest of this entry »





Hong Kong: Freedom of the (Entertainment) Press: Part 1, Data Privacy and Public Interest – David Ma

23 03 2017

The Hong Kong Privacy Commissioner for Personal Data (“Commissioner”) examined the relationship between freedom of the press and personal data (“PD”) in the context of paparazzi and the Personal Data (Privacy) Ordinance (“PDPO”) in Reports R12-9159 [pdf] and R12-9164 [pdf]. The appeals to the Commissioner’s decisions were dismissed by the Administrative Appeals Board (“AAB”) in Appeal Nos 5/2012 [pdf] and 6/2012 [pdf].  Read the rest of this entry »





Communicating Responsibilities: The Spanish DPA targets Google’s Notification Practices when Delisting Personal Information – David Erdos

21 03 2017

The Court of Justice’s seminal decision in Google Spain (2014) represented more the beginning rather than the endpoint of specifying the European data protection obligations of search engines when indexing material from the web and, as importantly, ensuring adherence to this.  Read the rest of this entry »