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: Høiness v Norway, Refusal to impose liability for anonymous comments online did not breach Article 8 – Samuel Rowe
14 05 2019Comments : Leave a Comment »
Tags: Samuel Rowe
Categories : Caselaw, Freedom of expression, Human Rights, Privacy
Anonymity and a Vulnerable Individual: The Troubling Case of Justyna – Valerie Eliot Smith
11 05 2019
On 8 March 2019, interim judgment was handed down in the apparently unremarkable case of Justyna Zeromska-Smith v United Lincolnshire Hospital Trust [2019] EWHC 552(QB). The decision appears to have been based on the following reasoning: Read the rest of this entry »
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Tags: Valerie Eliot Smith
Categories : Open Justice, Privacy
Facebook wants to combat fake news with ID checks: with ‘grave implications’ for our privacy – Fadi Safieddine
10 05 2019
The last time I recall someone demanding: “Show me your ID” was on the streets of Beirut during the final days of the civil war. Now, I get the same thing when I log into Facebook. Read the rest of this entry »
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Tags: Facebook, Fadi Safieddine, The Conversation
Categories : Privacy, Social Media
Straining the Alphabet Soup: Part 2, Drafting anonymity orders – Angus McCullough QC
8 05 2019
In Part 1 we looked at the circumstances in which a court may be prepared to grant anonymity in personal injury proceedings, and the applicable principles. In Part 2 I consider practical issues in the drafting of these orders, and problems encountered in this. Read the rest of this entry »
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Tags: Angus McCullough QC, Anonymity, Anonymity Orders, UK Human Rights Blog
Categories : Legal, Open Justice, Privacy
Straining the Alphabet Soup: Part 1, Anonymity orders in Personal Injury proceedings – Angus McCullough QC
7 05 2019
Amendments to CPR r.39.2; new Guidance issued by the Master of the Rolls; and a recent High Court decision refusing anonymity to a claimant prompt this review of anonymity orders in personal injury proceedings. Read the rest of this entry »
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Tags: Angus McCullough QC, Anonymity Orders, UK Human Rights Blog
Categories : Legal, Open Justice, Privacy
Practice Update: New rules on Hearings and the Publication of Orders for Anonymity and Private Hearings – Aidan Wills
29 04 2019
On 6 April 2019 an amended version of the rule governing hearings, CPR 39, came into force. The changes are intended to reinforce the principles of open justice. The changes follow a consultation conducted by the Ministry of Justice in 2018. Read the rest of this entry »
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Tags: Anonymity, Civil Procedure, Practice, Practice Guidance, Private Hearing
Categories : Legal, Open Justice, Privacy
Case Law Update: Five recent media law judgments
25 04 2019
In the last week of the Hilary Legal Term, after our last weekly round up, five media law judgments were handed down. Two by the Court of Appeal and three at first instance. These deal with a number of important issues, particularly in the field of privacy. Read the rest of this entry »
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Categories : Caselaw, Libel, Privacy
Case Law: Ali v Channel 5, Can’t pay? Court of Appeal does not take claimants’ damages away (but neither will it increase them) – Tom Double
24 04 2019
In Ali & Anor v Channel 5 Broadcasting Ltd [2019] EWCA Civ 677, the Court of Appeal considered whether countervailing privacy and the public interest/freedom of expression rights had been properly balanced, together with the appropriate award of privacy damages arising from footage of an eviction shown on Channel 5, the Defendant in this action. Read the rest of this entry »
Comments : 2 Comments »
Tags: Brett Wilson, Damages, Tom Double
Categories : Caselaw, Injunction, Privacy
74 screens of legalese don’t protect your data: here’s a blueprint for new laws that could make a difference – Fred H Cate
20 04 2019
All over the world, government officials are trying to figure out how to craft laws and regulations about privacy – especially for digital data and online activity. The European Union’s General Data Protection Regulation took effect in May 2018; about a month later, California’s new Consumer Privacy Act did too. Both impose stringent new legal requirements on organizations that collect and use personal data. Read the rest of this entry »
Comments : 1 Comment »
Tags: Fred H Cate, The Conversation
Categories : Data Protection, Privacy
News: Privacy Injunction Statistics for 2018, five applications recorded, substantial reduction from 2017
26 03 2019
The Ministry of Justice has published the privacy injunction statistics for 2018. These record a total of 5 new interim privacy injunction applications. Of these 3 were granted, one was refused and one was withdrawn. The statistics are to be found in Section 7 of the Civil Justice Quarterly for October to December 2018 [pdf], published earlier this month. Read the rest of this entry »
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Tags: Ministry of Justice, Privacy Injunctions, Statistics
Categories : Injunction, Privacy
