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 »





Does Google Spain drive a coach and horses through the safe harbour defences? – Ashley Hurst

19 06 2014

e-commerce_headerAs the shock waves of the ECJ’s decision in Google Spain v González [2014] EUECJ C-131/12 (13 May 2014) continue to lap up against California’s shorelines, thorny questions continue to arise by the day as to the scope of the decision. Read the rest of this entry »





How far does the “right to be forgotten” extend? – Ashley Hurst

25 05 2014

Ashley HurstPerhaps the most critical question for Google’s lawyers when receiving a deluge of new take-down/ blocking requests will be when the data processing complained of is unlawful within the EU data protection regime and when Google has the requisite knowledge of such unlawful processing. Read the rest of this entry »





Defamation Act 2013: Section 5, it’s decision time for website operators – Ashley Hurst

6 01 2014

WebsiteWith the Defamation Act 2013 (the “Act”) now in force, the first section 5 notices will no doubt already be rolling in and website operators will be deciding whether or not to employ the new defence. To assist in their decision, the Ministry of Justice (“MOJ”) has whittled its guidance on the section 5 Regulations (the “Regulations”) down to 8 pages (guidance) and added a few more “frequently asked questions”, bringing the total number to 56 (FAQs). Read the rest of this entry »





The Section 5 Defamation Act Regulations: A complex red herring – Ashley Hurst

16 08 2013

redherring-2The Ministry of Justice (the “MOJ”) last week published its draft regulations (the “Regulations”) for the notice and take-down procedure for website operators under Section 5 of the Defamation Act 2013 (“Section 5″ and the “Act”).  Read the rest of this entry »





Paris Brown: A Case in Point for the DPP – Ashley Hurst and Ryan Dolby-Stevens

1 05 2013

Paris BrownThe recent experience of Paris Brown, the 17-year-old who resigned before taking up her role as Kent’s Youth Police and Crime Commissioner following a furore surrounding comments she made on Twitter, demonstrates exactly the type of police activity that the Director of Public Prosecutions, Keir Starmer, was seeking to prevent when he issued prosecution guidelines (the “Guidelines“) in December of last year.

Read the rest of this entry »








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