Data Privacy and Intermediary Liability: Striking a balance between privacy, reputation, innovation and freedom of expression, Part 2 – Ashley Hurst

16 05 2015

ashley profile picThis is the second part of a two part post.  The first part was published on 14 May 2015

Whilst the question of the liability of internet intermediaries for damages is very interesting, in the vast majority of cases, all claimants want is for the damaging material to be removed from the internet.  Read the rest of this entry »





Data Privacy and Intermediary Liability: Striking a balance between privacy, reputation, innovation and freedom of expression, Part 1 – Ashley Hurst

14 05 2015

Ashley HurstThis two part post looks at why the Data Protection Act 1998 (the “DPA”), as derived from the Data Protection Directive 1995 (the “DP Directive”) has suddenly, over 25 years since its enactment, become the weapon of choice for reputation managers and in doing so created a thorny new set of problems, particularly for internet intermediaries. Read the rest of this entry »





BBC and the European Scrutiny Committee: Scrutinising the Scrutineers, Part 1 – Julian Petley

17 04 2015

EU CommissionThe European Scrutiny Committee has locked horns with the BBC, repeatedly accusing it of a pro-EU bias. Is the corporation’s editorial independence under threat?  Read the rest of this entry »





Court of Appeal upholds landmark judgement against Google arising from its exploitation of Apple’s Safari web-browser privacy settings – Alison Knight

10 04 2015

screen-310714__1803In March 2015, the English Court of Appeal ruled that three individuals may bring claims against Google for misuse of their private information and breach of the UK’s Data Protection Act 1998 (DPA). Although this decision only arose because of the need to serve a claim form in the US outside English jurisdiction, it addresses a considerable number of contentious questions surrounding online behavioural advertising and the scope of UK data protection rules and other areas of English law related to the protection of online users’ privacy interests. Read the rest of this entry »





Google: a data controller as well as an intermediary service provider? Does this make sense? Who cares? – Sophie Stalla-Bourdillon

5 04 2015

GoogleSo everyone knows it, Google is polymorphous. It has experienced many different forms: mere facilitator, publisher, hosting provider, caching provider… The latest legal label stuck on its mutant forehead is that of “data controller” and this has been done quite “noisily” by the Court of Justice of the European Union (CJEU) in its Google Spain “Costeja” judgment of 13 May 2014 (at least by listening to the numerous reactions that this judgement has triggered). Read the rest of this entry »





Conference: EU Internet Regulation After Google Spain

6 03 2015

cels-logo-conf-27-marchA one day conference on “EU Internet Regulation after Google Spain” is being held at the University of Cambridge, Faculty of Law on 27 March 2015. Read the rest of this entry »





Case Law: Mosley v Google Inc, Data Protection claim against Google to go to trial – Lorna Skinner

23 01 2015

google-logoOn 15 January 2015 Mr Justice Mitting gave judgment in only the second English data protection case against Google after the decision in Google Spain.  In Mosley v. Google ([2015] EWHC 59 (QB)), the Court dismissed an application brought by Google to strike out a claim brought by Mr Mosley under sections 10, 13 and 14 of the Data Protection Act 1998, holding at [55] that it was “a viable claim which raises questions of general public interest, which ought to proceed to trial”. Read the rest of this entry »








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