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Category: Privacy (Page 1 of 85)

Case Law: Fearn v Board of Trustees of the Tate Gallery, A Lost Opportunity for the Protection of Physical Privacy? – Aidan Economou

Last year, the High Court decision in Fearn v Board of Trustees of the Tate Gallery ([2019] EWHC 246 (Ch)) bolstered common law privacy protections as Mann J acknowledged that invasions of domestic privacy could support an action in private nuisance. The Court of Appeal has now reversed this development and reasserted that overlooking cannot constitute an actionable nuisance ([2020] EWCA Civ 104). This case brief summarises the two judgments, discusses errors in the appellate decision and suggests that Mann J’s extension should have been retained. Continue reading

Case Law: R (on the application of Bridges) v Chief Constable of South Wales, Police use of “automatic facial recognition technology unlawful – Hugh Tomlinson QC

In the case of R (on the application of Bridges) v Chief Constable of South Wales Police ([2020] EWCA Civ 1058) the Court of Appeal held that the live automated facial recognition technology (“AFR”) used by the South Wales Police Force (“SWP”) was unlawful as it was not “in accordance with law” for the purposes of Article 8 of the ECHR. Continue reading

Case Law: ZXC v Bloomberg LP, Court of Appeal upholds the privacy rights of suspects – Hugh Tomlinson QC

In an important privacy judgment handed down on Friday 15 May 2020 in the case of ZXC v Bloomberg LP ([2020] EWCA 611) the Court of Appeal upheld Nicklin J’s finding that the publication of an article containing confidential information obtained from a UK law enforcement agency which was investigating a businessman was a misuse of private information. Continue reading

Case Law: Duchess of Sussex v Associated Newspapers, Allegations of wrongdoing struck out as irrelevant, complex and costly – Mathilde Groppo

On 24 April 2020, Mr Justice Warby heard a pre-trial application in the case of HRH The Duchess of Sussex v Associated Newspapers Limited, in which the Defendant sought to have parts of the Claimant’s Particulars of Claim and of the corresponding parts of her Responses to the Defendant’s Requests for Further Information struck out. Continue reading

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