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Category: Data Protection (Page 1 of 34)

‘Hey Siri’: Virtual assistants are listening to children and then using the data – Stephen J. Neville and Natalie Coulter

In many busy households around the world, it’s not uncommon for children to shout out directives to Apple’s Siri or Amazon’s Alexa. They may make a game out of asking the voice-activated personal assistant (VAPA) what time it is, or requesting a popular song. While this may seem like a mundane part of domestic life, there is much more going on. Continue reading

It’s good to TalkTalk, Part 2: negligence claims for data breaches – Eoin O’Dell

Two recent cases demonstrate two very different privacy issues arising out data breaches suffered by the telecommunications company TalkTalk in 2014 and 2015. Smith v TalkTalk Telecom Group plc [2022] EWHC 1311 (QB) (27 May 2022) concerned claims for damages for both breaches; whilst Sterritt v Telegraph Media Group Ltd [2022] NIQB 43 (09 June 2022) concerned the privacy of one of the hackers involved in the second breach. In my previous post, I looked at the limits of claims for misuse of private information for both breaches in Smith. In this post, I want to look at Smith (again) and at Sterritt, to consider the limits of a claim in negligence in such cases. Continue reading

It’s good to TalkTalk, Part 1: misuse of private information claims for data breaches – Eoin O’Dell

It's good to TalkTalkTwo recent cases demonstrate two very different privacy issues arising out data breaches suffered by the telecommunications company TalkTalk in 2014 and 2015. Smith v TalkTalk Telecom Group plc [2022] EWHC 1311 (QB) (27 May 2022) concerned claims for damages for both breaches; whilst Sterritt v Telegraph Media Group Ltd [2022] NIQB 43 (09 June 2022) concerned the privacy of one of the hackers involved in the second breach. In this post, I want to look at the limits of claims for misuse of private information for both breaches in Smith. In the next post, I will look at Smith (again) and at Sterritt, to consider the limits of a claim in negligence in such cases. Continue reading

Genetic paparazzi are right around the corner, and courts aren’t ready to confront the legal quagmire of DNA theft – Liza Vertinsky and Yaniv Heled

Every so often stories of genetic theft, or extreme precautions taken to avoid it, make headline news. So it was with a picture of French President Emmanuel Macron and Russian President Vladimir Putin sitting at opposite ends of a very long table after Macron declined to take a Russian PCR COVID-19 test. Many speculated that Macron refused due to security concerns that the Russians would take and use his DNA for nefarious purposes. German Chancellor Olaf Scholz similarly refused to take a Russian PCR COVID-19 test. Continue reading

TalkTalk: Clever pleading cannot guide Claimants out of Warren – Daniel Isenberg

Since last year, Warren v DSG Retail has proved a thorn in the side of those bringing claims arising out of external cyber-attacks – appearing, at least, to bar such Claimants from relying on the torts of negligence and misuse of private information (MPI), as well as breach of confidence.  That appearance was confirmed to be reality by Saini J in Graeme Smith & ors v TalkTalk Telecom Group plc [2022] EWHC 1311 (QB). Continue reading

Data Drop Off: Fall in Data Protection Claims issued in the Media and Communications List – Kirsten Sjøvoll

There has been a steady rise in the popularity of claims brought in data protection in recent years from large scale group litigation arising from mass data breaches to individual claimants seeking redress for inaccuracies published about them. In the first 10 months of 2021, there were 289 new data protection claims issued in the Media and Communications List. This amounts to an average of 29 new claims each month. Continue reading

What Way Forward on Information Rights Regulation? The UK Information Commissioner’s Office Launches a Major Consultation – David Erdos

The UK Information Commissioner Office (ICO) has launched a major consultation on three draft documents related to its regulatory approach: an overarching Regulatory Action Policy, Statutory Guidance on Data Protection Act 2018 Action  and Statutory Guidance related to its Privacy and Electronic Communication Regulations (PECR) Powers. These documents would replace the ICO’s Regulatory Action Policy produced in 2018 which sat under its 2017-2021 Strategic Plan (but has yet to be updated). Continue reading

Facebook: latest EU court case shows how Europe is clamping down on big tech

Facebook’s approach to users’ data has just been dealt a major blow from the European court of justice (ECJ). In an answer to a question from Germany’s highest court, the ECJ’s advocate general – whose opinion is not binding but is generally followed by the court – has made an essential clarification to Europe’s data protection law to confirm that consumer associations can bring actions on behalf of individuals. Continue reading

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