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 »