Online Publication Claims: an Introduction – Guy Vassall-Adams QC and Hugh Tomlinson QC

20 10 2017

The Internet has brought about a global communications revolution. An individual who wishes to communicate with others no longer needs a printing press or a broadcasting operation. Instead information can be communicated worldwide with a few keystrokes. Words, sounds, pictures or videos can, potentially, be communicated to the nearly 48% of the world’s population – 3.2 billion people – who are now estimated to use the internet (see ITU figures). Read the rest of this entry »





Case Law, Al-Ko Kober Ltd v Sambhi: Malicious Falsehood and Data Protection injunctions to restrain YouTube videos – Emma Foubister

12 10 2017

In the case of Al-Ko Kober Ltd & Anor v Sambhi [2017] EWHC 2474 (QB), Mrs Justice Whipple took the unusual step of granting an application for: (1) an interim injunction in malicious falsehood; and (2) an order to cease processing personal data under section 10(4) of the Data Protection Act (‘DPA’). Read the rest of this entry »





News: Data Protection Bill published, the “journalistic exemption” remains

15 09 2017

The Government yesterday published the Data Protection Bill [pdf] which is intended to replace the Data Protection Act 1998 and to deal with various matters reserved to EU Member states by the General Data Protection Regulation [pdf] (“GDPR”). The GDPR itself will form part of English law under the provisions of the European Union (Withdrawal) Bill [pdf]. Read the rest of this entry »





Compensation for breach of the General Data Protection Regulation – Eoin O’Dell

8 09 2017

I have recently posted a paper on SSRN entitled “Compensation for breach of the General Data Protection Regulation”; this is the abstract: Read the rest of this entry »





Using data protection law to defend your reputation: what about the new Data Protection Bill? – Michael Patrick and Alicia Mendonca

5 09 2017

When your reputation is threatened, defamation law was traditionally the first port of call. However, since the introduction of the “serious harm” requirement into the Defamation Act 2013, claimants and their advisors have sought out a number of alternative causes of action to protect their reputation. In this article Michael Patrick and Alicia Mendonca review the increasing use of the Data Protection Act in cases and the media’s ability to rely on Section 32 of the Act to defend such claims. Read the rest of this entry »





The Great Data Protection Rebranding Exercise – Orla Lynskey

11 08 2017

During the recent announcement of a new Data Protection Bill by the UK Department for Digital, Culture, Media & Sport (DCMS),  the Minister for Digital – Matt Hancock – stated that the bill would “give us one of the most robust, yet dynamic, sets of data laws in the world.” Read the rest of this entry »





What is the current status of GDPR incorporation in the EU’s 28 Member States? – Eoin O’Dell [Updated]

8 08 2017

Having looked, in my previous post, at what Article 82(1) of the General Data Protection Regulation says and means in each of the EU’s 24 official languages, I’m interested in this post in the related question of the current status of incorporation of the GDPR in each of the EU’s 28 Member States. Read the rest of this entry »