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Data & Privacy

Blog

GDPR and the Data Protection Act 2018 – how do they impact publishers?

Published on 25 May 2018. By Nicola Cain, Partner and Rupert Cowper-Coles , Senior Associate

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The need for publishers to ensure that their processing of personal data complies with the law is more important than ever.

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Blog

Vicarious liability of data controllers: The Morrisons data breach case

Published on 28 March 2018. By Nicola Cain, Partner

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Following the conviction of Andrew Skelton, a former Morrisons employee, after he published Morrisons’ employees’ personal details on a file sharing website, a group of over 5,500 employees of Morrisons took action against the supermarket to recover compensation for breach of a statutory duty under the UK Data Protection Act 1998 (‘DPA’), as well as for breach of confidence and misuse of private information.

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Blog

Thorny issues of jurisdiction and claim form service laid bare by High Court

Published on 18 January 2018. By Alex Wilson, Associate and Samantha Thompson, Associate

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In Howard Kennedy v The National Trust for Scotland [2017] EWHC 3368 (QB), the High Court considered two complex issues: one relating to the doctrine of forum non conveniens and the other to the CPR provisions on service of a claim form. In his judgment, handed down yesterday, Sir David Eady stayed the action in England & Wales on the basis that Scotland is the more appropriate forum. He also provided guidance on the tricky interplay between deemed and actual service of a claim form, ultimately holding that the claim form in this case had been validly served in time.

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Blog

Seriously limiting serious harm

Published on 12 September 2017. By Nicola Cain, Partner

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Seriously limiting serious harm

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Blog

Government sets out details of new data protection legislation

Published on 07 August 2017. By Nicola Cain, Partner and Alex Wilson, Associate

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The Government has today published a Statement of Intent setting out details of the forthcoming Data Protection Bill. Matt Hancock MP, the Digital Minister, says that the reforms will "bring our data protection law up to date" whilst transferring the General Data Protection Regulation ('GDPR') into domestic law. The text of the Data Protection Bill is expected in early September.

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Blog

When can publishing newspaper articles amount to harassment?

Published on 28 July 2017. By Keith Mathieson, Partner

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The High Court has struck out part of a harassment claim against the publisher of the Daily Mail and Mail Online. Unless the Judge's order is successfully appealed, the remaining harassment claim will proceed to trial.

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Blog

Supreme Court endorses open justice principle

Published on 25 July 2017. By Oliver Murphy, Associate

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The Supreme Court has handed down its much anticipated judgment on reporting restrictions and the principle of open Justice in the case Khuja (formally PNM) v Times Newspapers Limited.

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Blog

Brevan Howard's gagging order against Reuters upheld by the Court of Appeal in breach of confidence case

10 July 2017

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The news agency, Reuters, has lost its appeal against an injunction, which prevented it from reporting leaked confidential and commercially sensitive information concerning a leading global alternative asset manager, Brevan Howard Asset Management LLP.

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Blog

CFAs and ATE premiums out of the running in freedom of expression cases

Published on 11 April 2017. By Nicola Cain, Partner

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Supreme Court tips media organisations' Article 10 rights over obligation to pay claimants' additional liabilities in freedom of expression cases

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Blog

Eleven more charities fined by ICO in 'wealth screening' probe

07 April 2017

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The ICO has fined a further eleven charities following an investigation that revealed widespread misuse of donors' personal data.

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Blog

Secret 'wealth-screening' by charities breaks data laws

Published on 20 March 2017. By Victoria Noto, Associate

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An ICO investigation into charity fundraising practices has led to two charities being fined and eleven being issued with Notices of Intent to fine.

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Blog

Italian data protection authority issues fines totalling more than €11m for illegal data processing

Published on 14 March 2017. By Eliot Henderson, Associate

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The fines are thought to be the highest ever issued by a European data protection authority.

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Blog

Couple awarded £17,000 damages for distress caused by neighbour's CCTV surveillance

22 February 2017

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The compensation is an example of the rise of "distress" claims as a result of breaches of the Data Protection Act 1998 (DPA).

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Publication

Brexit does not spell the end of the GDPR

08 February 2017

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The General Data Protection Regulation (the GDPR) is due to become law on 25 May 2018. As this will be before “Brexit” (Britain’s exit from the EU) takes effect, the GDPR will apply in the UK from that date.

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Blog

Investigatory Powers Act gets royal assent

Published on 02 December 2016. By Oliver Murphy, Associate

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This week, the Queen gave royal assent to the Investigatory Powers Bill (aka "The Snoopers Charter"), marking the end of the controversial bill's passage into law.

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Blog

ICO issues record £400,000 fine for TalkTalk data breach

11 October 2016

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The record fine is an indication that the new Information Commissioner, Elizabeth Denham, is looking to take a robust approach to enforcement ahead of the introduction of the GDPR in May 2018.

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Blog

Max Schrems toppled Safe Harbor – will the Model Clauses be next?

27 May 2016

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On Monday, the Irish Data Protection Commissioner announced that it intends to seek clarification on the legal status of the EU Standard Contractual Clauses (the Model Clauses).

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Blog

ICO updates Direct Marketing Guidance

04 April 2016

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On 24 March 2016 the Information Commissioner's Office (ICO) published a long-awaited update to its Direct Marketing Guidance (the Guidance).

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Blog

CofA injuncts revelation of celebrity's extramarital threesome

Published on 23 March 2016. By Alex Wilson, Associate

The Court of Appeal has granted a privacy injunction (its first since 2011) to prevent the Sun on Sunday revealing details of a well-known entertainer’s extramarital threesome (PJS v News Group Newspapers Ltd [2016] EWCA Civ 100).

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Video

Changes to data protection regulation – what could it mean for you?

07 March 2016

The new General Data Protection Regulation fundamentally rewrites the way data processing happens across the EU. Hear more from Olly Bray.

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Blog

RPC hosts seminar on 'Data Privacy and the Media'

Published on 02 February 2016. By Alex Wilson, Associate

On 28 January 2016, RPC hosted a 'Question Time' style panel discussion for a range of media lawyers on data protection and its particular relevance to the media industry and media companies.

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Publication

Toying with cyber security

14 January 2016

VTech and Hong Kong’s cyber laws

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Blog

Daily Telegraph publisher fined £30k for general election email campaign

30 December 2015

On 15 December 2015 the Information Commissioner's Office (ICO) issued Telegraph Media Group Limited (the Telegraph) with a Monetary Penalty Notice

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Blog

New EU data protection rules (finally!) agreed

18 December 2015

On the 17th of December, and after much negotiation, a final draft of the new General Data Protection Regulation (GDPR) was approved by the Civil Liberties, Justice and Home Affairs (LIBE) committee of the European Parliament.

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Publication

National Grid hit with £2m fine for health and safety breach

11 December 2015

A sign of things to come?

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Blog

Serbian forum shopper in disclosure breach of duty has privacy and libel action struck out

07 December 2015

On 23 November 2015 Sir Michael Tugendhat set aside an order for service out of the jurisdiction of proceedings for the misuse of private information and libel which had been made by Master Roberts on 31 March 2015 in respect of an article in Politika,

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Blog

Twitter found unsuitable means of communicating FOI request

Published on 27 November 2015. By Oliver Murphy, Associate

The First Tier Tribunal (Information Rights) (the Tribunal) has held that a request under the Freedom of Information Act 2000 made via Twitter is not valid.

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Blog

Tim Yeo loses libel action against Sunday Times

25 November 2015

The High Court has today dismissed an action by Tim Yeo, the former MP for South Suffolk and Chairman of the Energy and Climate Change Select Committee, against Times Newspapers Limited in an important judgment on the Reynolds defence and the scope of politicians' Article 8 rights.

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Blog

CofA upholds privacy claim by Paul Weller family

Published on 20 November 2015. By Oliver Murphy, Associate

The Court of Appeal has upheld a High Court finding that the publishers of Mail Online infringed the privacy of three of Paul Weller's children by publishing unpixellated pictures of them on a family shopping trip in LA.

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Blog

Data leaks - a portent of the future?

Published on 20 November 2015. By Alex Wilson, Associate

The Culture, Media and Sport Committee have launched an inquiry in the wake of the recent cyber-attack on the TalkTalk website on 21 October,

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Blog

18 months on - the ICO reflects on Google Spain

Published on 11 November 2015. By Alex Wilson, Associate

The ICO has recently blogged on the cases it has received in the year and a half since the Google Spain decision last May.

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Blog

Draft Investigatory Powers Bill unveiled

Published on 06 November 2015. By Alex Wilson, Associate

The draft Investigatory Powers Bill was laid before Parliament on Wednesday and leading political figures have already been attempting to calm fears surrounding the so-called 'snooper's charter'.

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Blog

EU court declares 'safe harbor' data-transfer agreement invalid

07 October 2015

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The Court of Justice of the EU (CJEU) has declared that the "Safe Harbor" framework agreement cannot be relied upon to justify transfers of personal data from the EU to the US.

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Blog

Privacy rights when you don’t expect them - the case of JR38

Published on 03 July 2015. By Elizabeth Wiggin, Associate

Yesterday, the Supreme Court unanimously dismissed an appeal by an Appellant involved in rioting in Derry in 2014.

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Blog

MGN appeals against hacking awards in Gulati case

Published on 10 June 2015.

MGN today sought permission to appeal against the very large awards of damages made by Mr Justice Mann in the eight test claims in the hacking litigation arising out of voicemail interception at Mirror Group Newspapers.

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Publication

The future of "Safe Harbour"

04 May 2015

The future of the “Safe Harbor” is uncertain. Questions about its effectiveness have been brought to the fore in the wake of the privacy and data security scandal that followed Edward Snowden’s revelations about surveillance by US government agencies.

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Publication

Size doesn't matter: regulating "big data" in a "small data" world

04 May 2015

Big data is everywhere. Once the preserve of innovators and technology entrepreneurs, big data analysis is now routinely used by a wide range of public and private sector organisations. It’s a tool for planning, resource management and gaining competitive advantage.

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Publication

Compensation for "distress-only" claims under DPA

03 May 2015

In an important ruling, the Court of Appeal confirms that the cause of action for misuse of private information is a tort and rules on the meaning of “damage” under s13 of the Data Protection Act, allowing claimants to recover compensation for “distress” resulting from a breach of the Act without also having to prove pecuniary losses.

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Blog

Google v Vidal-Hall: the rise and rise of data protection rights

Published on 31 March 2015. By Elizabeth Wiggin, Associate

In an important decision handed down on Friday, the Court of Appeal confirmed that misuse of private information is a tort, and that claimants may recover damages under the Data Protection Act 1998 (the "DPA") for distress without also proving pecuniary losses.

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Blog

91 year-old activist and angry neighbour: Supreme Court looks at police retention of personal data

09 March 2015

Case report: R (Catt) v Commissioner of Police of the Metropolis and ACPO and R (T) v Commissioner of Police of the Metropolis [2015] UKSC 9

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Publication

Apps: regulators globally push for data transparency

16 February 2015

“Not in front of the telly: Warning over ‘listening’ TV”.

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Blog

CofA applies rare 19th Century tort in granting injunction

Published on 04 November 2014. By Alex Wilson, Associate

The Court of Appeal has granted an injunction against the publication of a well-known performing artist's book to protect the rights of his son, not on the basis of misuse of private information but because publication would be likely to cause psychological harm to the son.

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Blog

No loss of confidence – causation in confidential information claims

Published on 07 October 2014. By David Cran, Partner and Louise Morgan, Senior Associate

Richmond Pharmacology Ltd v Chester Overseas Ltd, Milton Levine and Larry Levine [2014] EWHC 2692 (Ch)

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Blog

Brand & Khan obtain continuing "anti-harassment" order against masseuse

Published on 29 September 2014. By Oliver Murphy, Associate

The High Court has recently granted an extension to an anti-harassment injunction taken out by Russell Brand and Jemima Goldsmith, otherwise known as Jemima Khan (the Claimants), against a masseuse (the Defendant).

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Blog

Supreme Court clarifies continuing police disclosure obligations

Published on 19 September 2014.

The recent Supreme Court judgment in the case of R (on the application of Nunn) v Chief Constable of Suffolk Constabulary and another sheds further light on the continuing duty of the police and the Crown Prosecution Service to disclose information in criminal cases post-conviction.

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Blog

How to get Google to remove outdated links to your personal data

Published on 30 May 2014. By Keith Mathieson, Partner

Google has today announced how it intends to deal with the European Court's judgment in the Google Spain case[1].

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Blog

No damages for the solicitor whose private information was misused by a prostitute whom he'd short-changed

21 May 2014

In an unusual privacy claim decided last week, the High Court dismissed the majority of a solicitor's claims against a prostitute for misuse of private information, harassment, breach of confidence and breach of contract.

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Blog

Searching for answers – Google v Gonzalez

16 May 2014

Data protection unusually made headline news yesterday when the Grand Chamber of the European Court of Justice (the ECJ) handed down its landmark judgment on Google Inc. v. Mario Costeja González.[1]

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Blog

Will Prince Charles's musings see the light of day?

07 May 2014

R (Evans) v Attorney General 2014 EWCA 254

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Blog

Has the Weller case created an image right in relation to the facial expressions of children?

Published on 17 April 2014.

The singer Paul Weller, acting on behalf of three of his children, was successful in his privacy action against Associated Newspapers Limited (ANL) in relation to seven unpixellated photographs of the children and their father out shopping on a public street and relaxing in a café in Los Angeles.

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