CJEU Advocate General Opines on the ‘Legitimate Interest’ Concept – Alison Knight

5 02 2017

16-08-31-skoda_24tr_irisbus_riga-rr2_4520I’ve previously written (here) about the concept of legitimate interest under data protection law and how it has captured the attention of data protection agencies, as well as the EU institutions in informing the relevant provisions under the new General Data Protection Regulation (GDPR) to apply from May 2018. Read the rest of this entry »





New UK Decisions on the Data Protection Implications of Information Sharing with Law Enforcement – Alison Knight

6 09 2016

upload-25068__180Determining when the sharing of personal data is legal can be a complicated exercise. Yet, the impetus for governmental agencies to collect and share more and more information is at an unprecedented high. In the EU, this is no more true than in respect of efforts to bolster the fight against crime and terrorism by remedying deficiencies in the exchange of intelligence information with international partners, such as the US. Much of this information may be generated by organisations in the private sector and requested by agencies directly from them. Read the rest of this entry »





Investigatory Powers Bill, Bulk Personal Datasets and the ‘Spectre’ of Pervasive Surveillance – Alison Knight

30 12 2015

man-1071773__180Much has been written about the UK government’s proposed new Investigatory Powers Bill (IPB) since it was published for consultation by the Home Office, and formally presented to Parliament, early last month. Read the rest of this entry »





Council reaches general agreement on proposed Data Protection Regulation, but disagreements remain in view – Alison Knight

1 07 2015

europe-636985__180On 15 June 2015, the Council of the EU announced that it had agreed a general approach to the draft Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the proposed ‘GDPR’). Read the rest of this entry »





A breach of the right to privacy justifies an award of damages for the act of misusing private information ‘per se’, says English High Court in phone-hacking decision – Alison Knight

27 06 2015

men-97290__180English privacy law is a slow-evolving story. Most of its principles have developed from case law since the Millennium, yet awards of damages by the courts in compensation for harm suffered as a consequence of privacy infringements (such as for distress and loss of dignity suffered by claimants) have typically been low. Read the rest of this entry »





ICO responds to public comments on its approach to Big Data and Data Protection, and sets out its future agenda – Alison Knight

24 05 2015

snake-36376__180On 6 May 2015, the European Commission published a Communication on a Digital Single Market Strategy for Europe. This sets out various measures to be taken so that “individuals and businesses can seamlessly access and exercise online activities under conditions of fair competition, and a high level of consumer and personal data protection, irrespective of their nationality or place of residence”. One theme considered by the Commission to be central to achieving this vision is maximising the growth potential of the ‘big data’ sector in Europe – with the Commission estimating that it is growing by 40% per year, seven times faster than the IT market. Read the rest of this entry »





Facebook misused private information of convicted sex offender in not removing threatening posts containing his personal information, despite not receiving their web addresses – Alison Knight

21 04 2015

keys-264596__180The High Court of Justice in Northern Ireland recently held that Facebook Ireland misused the private information of a convicted sex offender posted on a Facebook page. This is an interesting little case as it deals with the issue of adequate notice in respect of web-hosting immunity available under the Electronic Commerce (EC Directive) Regulations 2002 (“the 2002 Regulations”). Read the rest of this entry »





Court of Appeal upholds landmark judgement against Google arising from its exploitation of Apple’s Safari web-browser privacy settings – Alison Knight

10 04 2015

screen-310714__1803In March 2015, the English Court of Appeal ruled that three individuals may bring claims against Google for misuse of their private information and breach of the UK’s Data Protection Act 1998 (DPA). Although this decision only arose because of the need to serve a claim form in the US outside English jurisdiction, it addresses a considerable number of contentious questions surrounding online behavioural advertising and the scope of UK data protection rules and other areas of English law related to the protection of online users’ privacy interests. Read the rest of this entry »