Judge flags complaint on behalf of child against journalist who sneaked into hospital – Julie Doughty

30 05 2017

The judgment by Mr Justice Hayden, in Westminster City Council v H ([2017] EWHC 1221 (Fam)) concerning the case of ‘H’, the 15 year old boy at the centre of the Telegraph story we reported on here, was published  on 19 May 2017. Hayden J concludes his short judgment with this: Read the rest of this entry »





Case Law: R (P) v Home Secretary, The right to put your past behind you and Article 8 – David Hart QC

17 05 2017

In the case of R (o.t.a P & others) v. Secretary of State for Home Department & others ([2017] EWCA Civ 321)  the Court of Appeal upheld challenges to the system of the police retaining information about past misconduct. It held that the system, even after a re-boot in 2013 in response to an earlier successful challenge, remains non-compliant with Article 8Read the rest of this entry »





Damages and compensation for invasion of privacy and data protection infringements – Eoin O’Dell [updated]

16 05 2017

The saga in Bollea v Gawker shows two remedies for invasion of privacy. Hulk Hogan (real name, Terry Gene Bollea; pictured left), is a former professional wrestler and American television personality. Gawker was a celebrity news and gossip blog based in New York. In October 2012, Gawker posted portions of a secretly-recorded video of Hogan having sex in 2006 with one Heather Cole, who (as Heather Clem) was the then-wife of his then-best-friend (the wonderfully-monikered radio personality Bubba “the Love Sponge” Clem). Read the rest of this entry »





The GDPR and National Legislation: Relevant Articles for Private Platform Adjudication of “Right to Be Forgotten” Requests – Daphne Keller

5 05 2017

In a recent blog post, I discussed the role of EU Member State laws in defining and enforcing the “Right to Be Forgotten” (RTBF) under the EU’s new General Data Protection Regulation (GDPR). I consider these GDPR provisions in more detail in my forthcoming article. Because in the future RTBF may be applied to hosting services like Facebook or Dailymotion, I discuss potential consequences for them as well as search engines. Read the rest of this entry »





The “Right to Be Forgotten” and National Laws Under the GDPR – Daphne Keller

4 05 2017

The EU’s new General Data Protection Regulation (GDPR) will come into effect in the spring of 2018, bringing with it a newly codified version of the “Right to Be Forgotten” (RTBF).  Depending how the new law is interpreted, this right could prove broader than the “right to be de-listed” established in 2014’s Google Spain case. Read the rest of this entry »





News: Privacy Injunction Statistics for 2016, three applications recorded, statistics incomplete

28 04 2017

The tables [xls] published with most recent Ministry of Justice, Civil Justice Statistics Quarterly Bulletin state that there were three applications for privacy injunctions in 2016, with two being granted and one refused.  It is clear, however, that these official statistics underestimate the number of injunction applications. Read the rest of this entry »





The French Court Case That Threatens to Bring the “Right to be Forgotten” Everywhere – Nani Jansen Reventlow

27 04 2017

A court case in France might drastically change what information individuals can access online. The case is pending before the French Council of State—France’s highest court—and concerns a “right to be forgotten” dispute between Google and the French data protection authority, CNIL. Read the rest of this entry »