News: Council of Europe publishes “Guidelines on Safeguarding Privacy in the Media” as a tool for journalists

20 06 2019

The Council of Europe has published “Guidelines on Safeguarding Privacy in the Media” [pdf]. These are a collection of standards of the Council of Europe and the European Court of Human Rights concerning the protection of privacy of public figures and private individuals in the media. They also include data protection principles based on various regulatory instruments and best practices. Read the rest of this entry »





Case Law, Strasbourg: Prior restraint of campaigning for a peaceful but unauthorised demonstration violated Article 10 – Ronan Ó Fathaigh and Dirk Voorhoof

18 05 2019

On 30 April 2019, in Kablis v. Russia, the Third Section of the European Court of Human Rights (“ECtHR”) unanimously found that the blocking by Russian authorities of an activist’s social networking account and entries on his blog had breached his right to freedom of expression under Article 10 of the European Convention on Human Rights. Read the rest of this entry »





Case Law: Høiness v Norway, Refusal to impose liability for anonymous comments online did not breach Article 8 – Samuel Rowe

14 05 2019

In a judgment handed down on 19 March 2019 (Høiness v Norway, no 43624/14), the European Court of Human Rights (“ECtHR”) refused to impose liability on an Internet forum for anonymous comments that had been published on its site. Read the rest of this entry »





Case Law: Fearn and the Board of Trustees of the Tate Gallery, Emanations of the Tate, a “self induced incentive to gaze” is not nuisance – Athalie Matthews

28 02 2019

In the recent case of Fearn v  The Board of Trustees of the Tate Gallery ([2019] EWHC 246 (Ch)) the High Court analysed privacy rights from a novel perspective in both literal and legal terms. Read the rest of this entry »





Twins separated at birth: The re-convergence of data protection and freedom of information – Perry Keller

23 02 2019

The governance of decision-making algorithms is now a pressing issue across many fields of law and policy. Yet, given the technical opacity of advanced data analytics, finding ways to ensure meaningful transparency and sustainable accountability is currently, at best, a work in progress. Read the rest of this entry »





Case Law, Strasbourg: Mătăsaru v Moldova, Activist’s conviction for hooliganism over ‘obscene’ protest violated Article 10 – Ronan Ó Fathaigh and Dirk Voorhoof

26 01 2019

On 15 January 2019, in Mătăsaru v. the Republic of Moldova ([2019] ECHR 35) the Court of Human Rights, Second Section unanimously found that an anti-corruption activist’s conviction for staging an “obscene” demonstration outside a prosecutor’s office, targeting a number of public officials, violated the activist’s freedom of expression. Read the rest of this entry »





Article 8 and the “outside world”: privacy, reputation and employment – Hugh Tomlinson QC

10 01 2019

The Article 8 right to respect for private life has many facets and has often seemed in danger of uncontrolled expansion.  The Court of Human Rights has often noted that private life is “not susceptible to exhaustive definition”, embracing “multiple aspects of the person’s physical and social identity”.  Read the rest of this entry »





Case Law, Strasbourg: Magyar Jeti Zrt v. Hungary: ECtHR rules on hyperlinking to defamatory content – Oliver Fairhurst

14 12 2018

On 4 December 2018, the European Court of Human Rights provided some helpful clarification on the potential liability for posting hyperlinks to defamatory content in the case of Magyar Jeti Zrt v. Hungary. In doing so, the Court referred to the ever-growing corpus of European Union law concerning the concept of “communication to the public” contained in Article 3(1) of the InfoSoc Directive 2001/29/EC. Read the rest of this entry »





Proposed police super-database breaks the law and has no legal basis, but the Home Office doesn’t care – Matthew White

19 10 2018

The announcement from human rights organisation Liberty that it would boycott the UK Home Office’s consultation on the Law Enforcement Data Service, a new super-database for the police, is an indication of how far from acceptable the project is. Read the rest of this entry »





Case Law, Strasbourg: Savva Terentyev v Russia, Conviction for inciting hatred against the police violated blogger’s freedom of expression – Dirk Voorhoof

11 10 2018

In Savva Terentyev v. Russia the ECtHR has applied a very high level of free speech-protection for aggressively insulting and hostile comments about police officers, published on a weblog. The ECtHR observes that some of the wording in the blog post was offensive, insulting and virulent, but it found that the (emotional and sarcastic) comments as a whole could not be seen as inciting to hatred or violence. Read the rest of this entry »