What if the French constitutional judges had read the Davis Judgement? Would we be living in a better world? – Sophie Stalla-Bourdillon

29 07 2015

1695732_3_5e5d_les-membres-du-conseil-constitutionnel_6ab46a8063cf3f19b9b4a0a2007b97d6The French Constitutional Court (Conseil Constitutionnel) issued its decision n°2015-713 DC on the recently adopted Law on intelligence on 23 July 2015. Reading its decision after having read the Davis judgment of the English High Court, one wonders whether legal syllogism has suddenly been replaced by useless tautology. Read the rest of this entry »





News: UK Supreme Court grants permission to appeal in part in Vidal-Hall v Google, misuse of private information is definitively a tort

28 07 2015

google-headquarters-signThe UK Supreme Court has today granted Google partial permission to appeal in the Vidal-Hall case.  The permission covers the data protection issues but not the issue as to whether misuse of private information is a tort.  On this last issue the decision of the Court of Appeal ([2015] EWCA Civ 311) stands.   Misuse of private information is now clearly established as a tort and the claims can proceed against Google regardless of the result of the data protection appeal.   Read the rest of this entry »





The Davis judgement: does Article 8 of the European Charter go beyond Article 8 of the ECHR? – Sophie Stalla-Bourdillon

25 07 2015

bulk-retentionThe latest episode of the UK saga “and what do we do with data retention laws” has been issued by the English High Court, with its judgement in the case David Davis and Ors  v The Secretary of State for the Home Department [2015] EWHC 2092 (Admin). Read the rest of this entry »





Event Report: SCL Seminar on Data Privacy and Online Journalism – Emma Cross

22 07 2015

society_for_computers_and_the_lawOn Wednesday 8 July 2015, data protection practitioners gathered at a seminar organised by the Society for Computers and the Law (“SCL”) to discuss some of the important issues arising from the CJEU decision in Costeja v Google with leading experts in this area, including Anya Proops of 11 KBW, Ashley Hurst and Dan Tench of Olswang and Jan Clements of the Guardian. Read the rest of this entry »





News: Right to be forgotten claim against ICO rejected by the Administrative Court – Anya Proops

21 07 2015

igooglemagesSo here’s the question: you’re an individual who wants to have certain links containing information about you deindexed by Google; Google has refused to accede to your request and, upon complaint to the ICO, the Commissioner has decided that your complaint is unfounded and so he refuses to take enforcement action against Google under s. 40 DPA 1998; can you nonetheless secure the result you seek in terms of getting your data forgotten by mounting a judicial review challenge to the ICO’s decision? Read the rest of this entry »





Case Law, R (Davis) v Home Secretary, Data Retention and Investigatory Powers Act overturned – Lorna Woods

19 07 2015

gchq1In a very rare outcome, in the case of R (Davis and ors) v Secretary of State for the Home Department ([2015] EWHC 2092 (Admin) the Divisional Court declared that the Data Retention and Investigatory Powers Act 2014 (DRIPA) is inconsistent with European Union law and therefore is “disapplied”, although the Court suspended the effect of its order until after 31 March 2016. Permission to appeal was granted. Read the rest of this entry »





Radical proposals in the EC’s consultation on audiovisual media services – Sally Broughton Micova

15 07 2015

new-carousel-avmsd-500x254px_9786_0On Monday 6 July the European Commission launched a public consultation as part of the “Regulatory fitness” test of the Audiovisual Media Services Directive (AVMSD). This is a big moment: concrete policy options for an overhaul of European media regulation are on the table for the first time since 2007. Read the rest of this entry »








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