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 »





If surveillance cameras are to be kept in line, the rules will have to keep pace with technology – William Webster

17 03 2017

Image 20170314 10724 1e3fqhlIt has been said that Britain has more surveillance cameras than any other country in the world. This proliferation of CCTV cameras led the government to establish a surveillance camera commissioner responsible for overseeing their governance – the only country in the world to do so. Read the rest of this entry »





The GDPR, the proposed Copyright Directive and intermediary liability: one more time! – Sophie Stalla-Bourdillon

16 03 2017

A lot has been written on the topic of intermediary liability in the past few months. But has everything been said or read? And looking at the different pieces of the regulatory jigsaw together, are we heading in the right direction? Read the rest of this entry »





World-Check: what can you do if you find yourself on its database? – Michael Patrick

10 03 2017

Recent legal action taken by the Finsbury Park Mosque against Thomson Reuters has highlighted the reputational harm that can be caused if you are wrongly added to World-Check’s database. Read the rest of this entry »





Data Protection: Pre-publication claims and section 32(4), the case for disapplication – Hugh Tomlinson QC

28 02 2017

privacySection 32 of the Data Protection Act 1998 (“the DPA”) contains a curious provision apparently designed to prevent “pre-publication” claims where unpublished journalistic, literary or artistic material is involved.  There is no basis for this provision in the Data Protection Directive  (“the Directive”) and it appears to be inconsistent with the EU Charter of Fundamental Rights and a clear candidate for disapplication. Read the rest of this entry »