Latest by Keith Mathieson

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When can publishing newspaper articles amount to harassment?

Published on 28 July 2017. By Keith Mathieson, Partner

Purple tint 3

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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How to get Google to remove outdated links to your personal data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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Details of the new inquiry into press regulation and phone-hacking

Published on 13 July 2011. By Keith Mathieson, Partner

It had been thought that the Prime Minister had pledged to set up two separate inquiries: one into phone-hacking and one into press regulation more generally.

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Public inquiries into privacy and press regulation

Published on 10 July 2011. By Keith Mathieson, Partner

BBC Radio 4's PM programme's 'Privacy Commission' has finished hearing evidence and will presumably be publishing its report shortly.

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Phone hacking scandal reaches a new plane

Published on 06 July 2011. By Keith Mathieson, Partner

If, as seems likely, it proves true that the News of the World did indeed hack into the voicemail messages of the abducted teenager Milly Dowler, the phone hacking saga moves onto an entirely new plane.

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Disclosure of documents in privacy litigation

Published on 06 July 2011. By Keith Mathieson, Partner

What documents is a claimant entitled to demand from a media defendant in a privacy case?

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Justice Secretary expresses concern over MPs defying injunctions

Published on 16 June 2011. By Keith Mathieson, Partner

The Times has today reported that the Justice Secretary Ken Clarke yesterday told the Joint Committee on the Defamation Bill that he was concerned about the growing habit of using parliamentary privilege to defy court gagging orders.

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A former judge reflects on privacy injunctions

Published on 15 June 2011. By Keith Mathieson, Partner

Mr Justice Eady's interview last month by Joshua Rosenberg -

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A digest of recent news (1) - UK judgments

Published on 30 May 2011. By Keith Mathieson, Partner

For one reason and another, the blog has been unable to report on much of the recent news. This entry is an attempt to remedy the situation. Normal service should be resumed shortly.

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Are privacy injunctions too restrictive?

Published on 13 May 2011. By Keith Mathieson, Partner

Has privacy law gone too far? It’s not just the editor of the Daily Mail who thinks so.

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The effect of privacy injunctions on third parties

Published on 21 April 2011. By Keith Mathieson, Partner

In general, an injunction made against a defendant does not affect a third party.

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Workplace affairs are private - especially if one half of the couple has children

Published on 20 April 2011. By Keith Mathieson, Partner

The Court of Appeal's judgment in ETK v News Group [2011] EWCA Civ 439 has prompted gasps of horror from some sections of the media.

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Phone-hacking is not a hanging offence

Published on 15 April 2011. By Keith Mathieson, Partner

In February Donald Trelford, the respected former editor of the Observer, wrote in the Independent that the phone-hacking saga was a case of "dog eats dog gone barking-mad".

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Super Injunctions: committee reporting soon

Published on 08 April 2011. By Keith Mathieson, Partner

By the end of this month we expect the committee investigating super injunctions to publish its report.

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The EU Council’s Conclusions On Revising EU Data Protection Law — Why Did They Bother?

Published on 04 April 2011. By Keith Mathieson, Partner

The super tanker that is the European Union legislative process is currently trying to turn itself round with a view to revising data protection law.

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Privacy in Tweets - the debate continues

Published on 22 March 2011. By Keith Mathieson, Partner

Addressing the Westminster Media Forum on the regulation of privacy and online media earlier today Baroness Buscombe, Chairman of the PCC, referred to the PCC's decision in Baskerville

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Privacy and the Protection of Freedoms Bill

Published on 21 March 2011. By Keith Mathieson, Partner

The Protection of Freedoms Bill, introduced in the House of Commons on 11 February 2011, is the second part of the UK Coalition Government's mission to 'restore freedoms and civil liberties through the abolition of unnecessary laws'.

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Harassment by letter-writing

Published on 17 March 2011. By Keith Mathieson, Partner

Are letters capable of amounting to a course of conduct amounting to harassment?

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Max Mosley and the public interest in exposing hypocrisy

Published on 22 February 2011. By Keith Mathieson, Partner

In an interesting interview with the Financial Times, the UK's most indomitable privacy claimant, Max Mosley, challenges the notion that there might be a public interest in exposing hypocrisy.

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No privacy in Tweets

Published on 10 February 2011. By Keith Mathieson, Partner

Publicly accessible postings on Twitter and other social media are not private, according to rulings by the Press Complaints Commission.

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Shock decision: sportsman not unmasked

Published on 01 February 2011. By Keith Mathieson, Partner

The identity of the sportsman officially known as JIH remains confidential.

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Phone-hacking claims - a new legal pursuit

Published on 26 January 2011. By Keith Mathieson, Partner

The pack of lawyers representing the alleged victims of phone hacking by the News of the World seems to grow on an almost weekly basis.

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A mass outbreak of anonymity: CDE and FGH v MGN and LMN

Published on 20 January 2011. By Keith Mathieson, Partner

It is not unusual for claimants in privacy cases to be anonymised. It is less common for defendants and distinctly unusual for non-parties.

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ECtHR upholds Campbell v MGN

Published on 18 January 2011. By Keith Mathieson, Partner

Just under seven years after the House of Lords found by 3 to 2 against the Daily Mirror in the landmark privacy case by Naomi Campbell, the European Court of Human Rights has rejected MGN's attempt to persuade it that UK law was incompatible with Article 10.

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