Case Law, Strasbourg: Rubio Dosamantes v Spain, TV discussions of singer’s sexuality and relationship breached Article 8 – Hugh Tomlinson QC

22 02 2017

The Court of Human Rights has held that the fact that singer was well known to the public and been the subject of well publicised rumours about her sexuality did not justify the broadcast of interviews about her relationships and sexuality. In the case of Rubio Dosamantes v Spain (Judgment of 21 February 2017)(in French only) the Third Section held that the dismissal of the applicant’s domestic claims was a breach of her Article 8 rights. Read the rest of this entry »





France’s highest administrative court urged to make a reference for a preliminary ruling in relation to right to be forgotten requests – Mathilde Groppo

9 02 2017

conseiletatIn May 2016, Google was reported to have unsuccessfully appealed against the French highest administrative court, the Conseil d’Etat, over a ruling that the decision in Google Spain requires delisting on all versions of the search engine, including google.com. A new episode of the battle over the interpretation of right to be forgotten requests is now taking place between data subjects and the French Data Protection Authority, CNIL. Read the rest of this entry »





Spent Convictions in the law of Privacy and Data Protection: Part Two – Aidan Wills

3 02 2017

rehabIn Part 1 of this post I looked at “spent convictions” in the context of the law of privacy. The other important legal perspective on such convictions is that of the law of data protection. Read the rest of this entry »





Spent convictions in the law of Privacy and Data Protection: Part One – Aidan Wills

2 02 2017

spent-convictionsReferences to individuals’ criminal histories are commonplace in news reporting, works of non-fiction and on social media. Unwittingly or otherwise, this may include details of spent convictions and the conduct which gave rise to them. Read the rest of this entry »





When is Facebook liable for illegal content under the E-commerce Directive? CG v. Facebook in the Northern Ireland courts – Lorna Woods

28 01 2017

facebookThe ubiquity of social media platforms and their significance in disseminating information (true or false) to potentially wide groups of people was highly unlikely to have been in the minds of the European legislators when they agreed, in 2000, the e-Commerce Directive (Directive 2000/31/EC) (ECD). Read the rest of this entry »





Australia’s privacy laws gutted in court ruling on what is ‘personal information’ – Jake Goldenfein

20 01 2017

smart-phonesIn possibly Australia’s most important privacy case to date, the Federal Court today severely gutted Australia’s information privacy laws by narrowing the definition of “personal information”. Read the rest of this entry »





Resuscitating Workplace Privacy? A Brief Account of the Grand Chamber Hearing in Bărbulescu v. Romania – Gaurav Mukherjee and James Wookey

18 01 2017

On 30 November 2016, the Grand Chamber of the European Court of Human Rights (ECtHR) heard oral arguments in Bărbulescu v. Romania. The case was referred to the Grand Chamber on 6 June 2016, after a Chamber judgment delivered on 12 January 2016.  Read the rest of this entry »