The “Journalism Exemption” in the Data Protection Act: Part 2, Some Practicalities – Hugh Tomlinson QC

29 03 2017

In Part 1 of this post I argued that the mandatory conditions for the application of the “journalism exemption” in section 32 of the Data Protection Act 1998 (“the DPA”) are strict and required careful case by case consideration.  In this post I will consider some practical consequences of this analysis. Read the rest of this entry »





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 2. Other Objectionable Materials – David Ma

24 03 2017

The entertainment press should behave responsibly and evaluate whether the materials are legally sourced and whether their publication would be legal to steer clear of criminal prosecutions and civil lawsuits. 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 »





News: Privacy injunction granted against the Sun, first reported privacy injunction of 2017

11 03 2017

Under the predictable headline “Judge Gags Press”, the Sun today reports that a High Court judge has granted a privacy injunction to prevent it from naming an individual, anonymised as “AJS”, as a potential witness to a serious police investigation. Read the rest of this entry »





CIA hacking Q&A: can your TV spy on you and is your phone listening in? – Daniele Sgandurra

10 03 2017

WikiLeaks has released thousands of documents that appear to show how the US Central Intelligence Agency (CIA) is able to spy on smartphones, computers and other internet-connected devices. Read the rest of this entry »