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 »





Brexit whispers: when eavesdropping on private conversations by a journalist is ethically justified – Dave Porter

17 02 2019

File 20190214 1721 194fe1x.jpg?ixlib=rb 1.1When you are in a restaurant or a hotel bar the last thing you expect is for the private conversation you are having to be reported all over the media the next day. But that may well depend upon who you are and what you say. Read the rest of this entry »





Case Law: R (P, G and W) and Anor v Secretary of State for the Home Department, A criminal record or a clean slate? – Matthew Flinn

8 02 2019

In the case of R (P, G and W) and Anor v Secretary of State for the Home Department and Anor [2019] UKSC 3 the Supreme Court upheld challenges to the legal regimes for disclosing criminal records in England and Wales, and Northern Ireland, finding them to be incompatible with Article 8 of the European Convention on Human Rights (“ECHR”). Read the rest of this entry »





Top 10 Privacy and Data Protection Cases of 2018: a selection

29 01 2019

Inforrm reported on a large number of privacy and data protection cases in 2018.  In January 2017 we published a widely read post on “Data Protection: Overview of the Case Law in 2017”. In this post we round up some of the most legally and factually interesting privacy and data protection cases from England and Europe from the past year. Read the rest of this entry »





Amazon, Facebook and Google don’t need to spy on your conversations to know what you’re talking about – Jason Nurse

27 01 2019

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If you’ve ever wondered if your phone is spying on you, you’re not alone. One of the most hotly debated topics in technology today is the amount of data that firms surreptitiously gather about us online. You may well have shared the increasingly common experience of feeling creeped out by ads for something you recently discussed in a real life conversation or an online interaction. Read the rest of this entry »





How governments use Big Data to violate human rights – Andrew Thompson

20 01 2019

The right to privacy has become a pressing human rights issue. And rightly so. Big data — combined with artificial intelligence and facial recognition software — has the capacity to intrude on people’s lives in unprecedented ways, in some cases on a massive scale. Read the rest of this entry »





The legal implications of digital privacy – Florencio Travieso

16 01 2019

file-20190114-43541-16aeec8A June 2018 decision rendered by the Supreme Court of the United States established an interesting principle on digital privacy in a case related to a criminal proceeding. Read the rest of this entry »





Hacked Off: Gatwick Drones and Cliff’s Law: privacy invasion without public interest justification

15 01 2019

The debate on whether a new law should be introduced, dubbed ‘Cliff’s Law’, has recently resurfaced.  This is in part due to the ‘Gatwick Drones’coverage over the Christmas period, when a couple was, in effect, wrongly accused on the front page of two national newspapers of being involved in criminal activity after they were arrested on suspicion of being responsible for the Gatwick airport drone disruption. 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 »





Book Review: “Remedies for Breach of Privacy” edited by Jason N E Varuhas and N A Moreham – Emma Foubister

8 01 2019

This book is a collection of essays from leading academics, practitioners and judges on questions raised by the emergent law of remedies for breach of privacy. It arose out of the International Workshop on Remedies for Breach of Privacy, held at Melbourne Law School in December 2016, which encouraged new thinking about the common law approach to this topic. Read the rest of this entry »