The International Forum for Responsible Media Blog

Month: May 2015 (Page 2 of 6)

What becomes of Misuse of Private Information, the orphaned child? – Paul Wragg

ChildHugh Tomlinson’s excellent post came as a welcome reassurance that the Misuse of Private Information (“MOPI”) tort should survive the proposed repeal of the Human Rights Act 1998 (“HRA”).  As he argues, MOPI is not dependent on its origins.  Yet MOPI is a child, with years of maturity still required, and one born of two parents (Articles 8 and 10 ECHR) with particular values, specifically that both are of equal status.  Once these parents are executed (for crimes they did not commit), MOPI can expect to be adopted by a very different set of parents, who are most unlikely to hold the same values.  Continue reading

ICO responds to public comments on its approach to Big Data and Data Protection, and sets out its future agenda – Alison Knight

snake-36376__180On 6 May 2015, the European Commission published a Communication on a Digital Single Market Strategy for Europe. This sets out various measures to be taken so that “individuals and businesses can seamlessly access and exercise online activities under conditions of fair competition, and a high level of consumer and personal data protection, irrespective of their nationality or place of residence”. One theme considered by the Commission to be central to achieving this vision is maximising the growth potential of the ‘big data’ sector in Europe – with the Commission estimating that it is growing by 40% per year, seven times faster than the IT market. Continue reading

Case Law: Gulati v MGN Ltd, A landmark decision on the quantum of privacy damages – Hugh Tomlinson QC and Sara Mansoori

Mirror Hacking ClaimantsThe judgment in the Mirror Phone Hacking damages case of Gulati v MGN Ltd ([2015] EWHC 1482 (Ch)) deals with a wide range of legal and factual issues.  This post deals in detail with only three: the principles on which damages for misuse of private information are assessed, whether it was appropriate to make only one award of damages per claimant and the quantum of damages in privacy cases in general.  It was Mr Justice Mann’s decision in favour of the claimants on the first two points which led to the very substantial awards of damages in this case which are summarised below. Continue reading

Why IMPRESS is Seeking Recognition as an Independent Press Regulator – Walter Merricks

waltermerricksAs soon as I was appointed Chair of IMPRESS, people asked me whether we would be seeking recognition under the Royal Charter on Self-Regulation of the Press [pdf]. It would have been absurd for me to give an immediate answer. The IMPRESS Board was yet to be appointed, let alone to hold our first meeting. When we did meet for the first time, early this year, we agreed that we would hear what people had to say for and against the Charter before reaching a decision. Continue reading

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