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Category: Privacy (Page 2 of 86)

Case Law: R v Nigel Wright: No anonymity for corporate victims in blackmail cases – Aidan Wills

In August 2020 Nigel Wright was convicted of blackmail and contaminating food in Tesco stores. He was subsequently sentenced to 14 years’ imprisonment. Wright blackmailed Tesco by demanding the payment of bitcoin to the value of approximately £1.4m, failing which he would refuse to identify in which stores he’d placed contaminated baby food and/or would place further contaminated food. He was also convicted of placing metal shards in baby food. Continue reading

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

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