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Category: Privacy (Page 1 of 90)

Case Law, Canada: ES v Shillington, Damages of $155,000 award for new privacy tort – Craig Xu

In the case of ES v Shillington (2021 ABQB 739) by Madam Justice Avril Inglis of Alberta’s Court of Queen’s Bench in awarded a total of total $460,000 of damages for assault, sexual assault, battery, and intentional infliction of mental distress, including $155,000 for damages suffered as a result of the defendant sharing sexual images of the plaintiff on the internet without her consent. Continue reading

Case Law: Warren v DSG Retail, Data breach “privacy” claim struck out, giving some much needed clarity on ATE premiums – David Barker and Caroline Henzell.

On 30 July 2021, Saini J handed down judgment on the Defendant’s strike-out application in Warren v DSG Retail Limited [2021] EWHC 2168 (QB). His decision addresses the viability (or, more properly, the lack thereof) of breach of confidence (BoC) and misuse of private information (MPI) claims against data controllers who have suffered cyber attacks and, in so doing, provides much needed clarity on the recoverability of ATE adverse costs insurance premiums in such claims. Continue reading

Case Law, Strasbourg: Hájovský v. Slovakia, Further Guidance On Rights-Balancing and Photographs – Rebecca Moosavian

Photographic technology has raised questions about the privacy of those captured since its emergence in the latter half of the nineteenth century.  The case of Hájovský v. Slovakia  ([2021] ECHR 591) the European Court of Human Rights (ECtHR) returned to the tricky, topical issue of the degree of protection Article 8 affords the filmed or photographed individual. Continue reading

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