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Data & Privacy

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CofA applies rare 19th Century tort in granting injunction

Published on 04 November 2014. By Alex Wilson, Senior 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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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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Brand & Khan obtain continuing "anti-harassment" order against masseuse

29 September 2014

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How to get Google to remove outdated links to your personal data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

ICO urges app developers to respect users' privacy

Published on 11 April 2014. By Mark Crichard, Partner

Gray tint 3

The Information Commissioner's Office (ICO) has published guidance[1] aimed at helping mobile app developers comply with the Data Protection Act 1998 (DPA) and ensure that the privacy of app users is protected.

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Blog

Last gasp of the super-injunction

21 October 2013

Super-injunctions are almost an extinct species. 'Non-super' privacy injunctions however remain alive and kicking with according to recent figures a 100% success rate on interim applications.

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Blog

Costs protection reform - privacy and defamation cases

19 September 2013

The government has unveiled its latest attempt to resolve the tension between its plans to abolish success fees in CFAs and ATE premiums (to reduce costs in privacy and defamation cases) while still making proceedings accessible to less wealthy parties.

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Blog

Greater transparency in the family courts - New Draft Guidance

04 September 2013

Proposed new guidance recommends that decisions of the family courts should always be published, unless there are compelling reasons against publication.

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Blog

Cloud confidentiality – or not …

02 September 2013

Anyone using a number of devices to access their information will be tempted to share files between those devices using a service such as Dropbox.

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Blog

A Chinese lesson for private investigators

Published on 30 August 2013. By Keith Mathieson, Partner

Those engaged in the investigation business – whether sniffing out personal or corporate intelligence – are well aware of the need to comply with laws that protect personal information.

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Blog

No basis for murderer's anonymity and an alert from the bench

Published on 22 May 2013. By Keith Mathieson, Partner

Four media groups[1] have successfully challenged an anonymity order and related reporting restrictions made in the course of judicial review proceedings brought by the notorious murderer, David McGreavy.

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Blog

No breach of privacy in publication of information that child's father is a prominent politician

Published on 20 May 2013. By Keith Mathieson, Partner

The Court of Appeal has upheld a High Court judgment that disclosures in the Daily Mail about a child's paternity did not infringe the child's rights of privacy.

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Blog

Financier granted permanent anonymity in defamation proceedings

11 April 2013

Proceedings have finally drawn to a close in the case of ZAM v CFW & TFW, which involved a financier who claimed to have been libelled by his sister-in-law (the first defendant) and her husband (the second defendant).

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Blog

Defence to Harassment actions reformulated

10 April 2013

The Supreme Court has handed down a judgment in Hayes v Willoughby1 that redefines the scope of the most commonly used defence to claims of harassment.

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Blog

Can schools take pupils' fingerprints?

Published on 09 April 2013. By Keith Mathieson, Partner

The Times reported last week that parents at an independent school in north London had protested when fingerprints were allegedly taken from pupils without consent with a view to the fingerprints being used for the automated lunch payment system.

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Blog

UK/EU conflict over the 'right to be forgotten'

Published on 05 April 2013. By Keith Mathieson, Partner

The Guardian is reporting today that Britain wants to opt out of the 'right to be forgotten', the term applied to article 17 of the Data Protection Regulation which is intended to facilitate the deletion of personal data on request whether or not the data is incomplete or incorrect.

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Blog

Do we really value our privacy?

Published on 03 April 2013. By Keith Mathieson, Partner

How much do we really care about our personal privacy? Research suggests less than we might like to think.

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Blog

Did the Australian radio hosts breach their industry code?

11 December 2012

Will the Australian Communications and Media Authority (ACMA) take tough action not only in respect of the broadcast without permission of the secretly recorded telephone call, but also for breaching the Duchess of Cambridge’s privacy?

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Blog

Leveson's vision of a regulated press

10 December 2012

The question of what changes result is essentially a political matter.

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Blog

Unmeritorious privacy claim dismissed as attempted extortion.

Published on 28 November 2012.

A privacy claim brought by an ex-business associate of Lord Sebastian Coe in relation to an Evening Standard article which published leaked business emails was dismissed on Tuesday by the High Court.

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Blog

UK referred to ECJ over internet privacy

Published on 21 September 2012. By Keith Mathieson, Partner

On 30 September 2010 the European Commission announced that it referred the UK to the European Court of Justice for its alleged failure to implement EU laws on the confidentiality of electronic communications such as emails or internet browsing.

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Blog

Irish court dismisses privacy claim

Published on 21 September 2012.

Ruth Hickey (who is the former partner of David Agnew (according to recent Irish press reports), who in turn is the former husband of Adele King (also known as “Twink”), an Irish entertainer) brought a claim against The Sunday World newspaper in the Irish High Court for (1) breach of her (and her son’s) rights of privacy and (2) libel .

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Blog

Prince Harry – has the Sun got it right?

Published on 24 August 2012. By Keith Mathieson, Partner

This blog noted a couple of days ago that clause 3 of the PCC Code requires editors to justify intrusions into an individual’s private life without consent.

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Blog

A former editor’s view on the naked Royal

Published on 22 August 2012. By Keith Mathieson, Partner

There’s an interesting view on the naked pictures of Prince Harry from a former tabloid editor.

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Blog

MP’s partner loses privacy and harassment case against newspaper publisher

Published on 24 May 2012. By Keith Mathieson, Partner

Carina Trimingham has lost her privacy and harassment case against the publishers of the Daily Mail.

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Blog

What’s really wrong with pictures of the Duchess of Cambridge shopping?

Published on 22 May 2012. By Keith Mathieson, Partner

The celebrity magazine Heat has published the following apology:

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Blog

When can you sue under a disguised name?

Published on 03 May 2012. By Keith Mathieson, Partner

In what circumstances can a claimant in civil litigation commence proceedings under a pseudonym?

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Blog

Judgment awaited in Trimingham harassment case

Published on 29 April 2012. By Keith Mathieson, Partner

Carina Trimingham's privacy and harassment case against Associated Newspapers was heard by Mr Justice Tugendhat in the High Court last week. Judgment has been reserved.

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Blog

Parliamentary committee reports on privacy

Published on 09 April 2012. By Keith Mathieson, Partner

The Joint Committee on Privacy and Injunctions has reported.

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Blog

Access to Documents in Criminal Proceedings – Guardian Challenge Secures Change

Published on 03 April 2012. By Keith Mathieson, Partner

The Court of Appeal has ruled that where documents have been placed before a judge and referred to in the course of open proceedings, the default position should be that access should be permitted on the open justice principle.

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Blog

MoJ publishes first statistics on privacy injunctions

16 March 2012

Yesterday the Ministry of Justice published the first set of statistics on privacy injunctions, following the recommendations in the report by Lord Neuberger's Committee on Super Injunctions published in May last year.

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Blog

Giggs' claim for privacy damages is struck out

Published on 08 March 2012. By Keith Mathieson, Partner

Ryan Giggs has lost his claim for damages against News Group Newspapers ("NGN").

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Blog

ICO fines Midlothian Council £140,000 - ICO's highest ever fine for data breaches

Published on 01 March 2012.

The Information Commissioner's Office (the "ICO") has fined Midlothian Council £140,000 for five separate security breaches, which involved accidental disclosure of confidential and sensitive personal data about children and carers to the wrong recipients.

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Blog

Chief Executive of Ann Summers gets privacy injunction

17 February 2012

Mr Justice Tugendhat has today handed down a short judgment explaining why he made an interlocutory order to prevent the publication of private and confidential information about Jacqueline Gold, the high-profile Chief Executive of Ann Summers.

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Blog

Cabinet minister's 17-year-old son gets privacy injunction but not anonymity

Published on 15 February 2012. By Keith Mathieson, Partner

The son of Caroline Spelman, the Environment Secretary, has obtained an injunction against the publishers of the Daily Star Sunday.

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Blog

Strasbourg Rulings on Two Personal Privacy Claims

Published on 08 February 2012. By Keith Mathieson, Partner

The Grand Chamber of the European Court of Human Rights yesterday handed down its much anticipated decisions in the important privacy cases Axel Springer and von Hannover.

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Blog

Should Demi Moore's emergency call have been kept private?

Published on 30 January 2012. By Keith Mathieson, Partner

When the actress Demi Moore needed emergency medical care at her home in Los Angeles last week, her friend called 911.

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Blog

Damages for unauthorised access to medical records

Published on 29 January 2012. By Keith Mathieson, Partner

A judge has awarded £12,500 to a man whose pre-existing personality disorder was exacerbated after his partner accessed his medical records and challenged him about his mental illness.

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Blog

Online privacy rights strengthened by EU data protection reform

Published on 28 January 2012. By Keith Mathieson, Partner

The EU has proposed important reforms to data protection laws. The reforms have two aims: increased online privacy rights and boosting the digital economy by removing or easing some unnecessary administrative burdens.

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Blog

New Injunction Guidance

Published on 29 September 2011. By Keith Mathieson, Partner

We have previously reported on the controversy surrounding the number and effect of privacy injunctions

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Blog

Rio's "role model" image unravels - landslide media victory in privacy case

Published on 29 September 2011.

Serial tweeter Rio Ferdinand has lost his privacy battle against the Sunday Mirror. His privacy row related to a "kiss and tell" story published in the Sunday Mirror last year.

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Blog

Guardian beefs up its privacy code

Published on 09 August 2011. By Keith Mathieson, Partner

Guardian News & Media, owner of the Guardian and Observer, has revised its internal editorial guidelines and beefed up the sections that protect privacy.

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Blog

Automatic numberplate recognition: is it legal?

Published on 02 August 2011. By Keith Mathieson, Partner

A report in the Guardian last week reminds readers of the strong likelihood that local police forces have tracked their movements with the use of automatic numberplate recognition (ANPR).

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Blog

Reporting the family courts - new guide published

Published on 01 August 2011. By Keith Mathieson, Partner

A valuable guide has just been published which sets out the law governing access to, and reporting of, the family courts.

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Blog

A "tenuous claim to privacy": Hutcheson v News Group

Published on 23 July 2011. By Keith Mathieson, Partner

Can you expect to keep a second family private? That was the ambitious hope of celebrity chef Gordon Ramsay's father-in-law, Chris Hutcheson.

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