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Tag: Ashley Hurst (Page 2 of 3)

Data Privacy and Intermediary Liability: Striking a balance between privacy, reputation, innovation and freedom of expression, Part 1 – Ashley Hurst

Ashley HurstThis two part post looks at why the Data Protection Act 1998 (the “DPA”), as derived from the Data Protection Directive 1995 (the “DP Directive”) has suddenly, over 25 years since its enactment, become the weapon of choice for reputation managers and in doing so created a thorny new set of problems, particularly for internet intermediaries. Continue reading

Defamation Act 2013: Section 5, it’s decision time for website operators – Ashley Hurst

WebsiteWith the Defamation Act 2013 (the “Act”) now in force, the first section 5 notices will no doubt already be rolling in and website operators will be deciding whether or not to employ the new defence. To assist in their decision, the Ministry of Justice (“MOJ”) has whittled its guidance on the section 5 Regulations (the “Regulations”) down to 8 pages (guidance) and added a few more “frequently asked questions”, bringing the total number to 56 (FAQs). Continue reading

Paris Brown: A Case in Point for the DPP – Ashley Hurst and Ryan Dolby-Stevens

Paris BrownThe recent experience of Paris Brown, the 17-year-old who resigned before taking up her role as Kent’s Youth Police and Crime Commissioner following a furore surrounding comments she made on Twitter, demonstrates exactly the type of police activity that the Director of Public Prosecutions, Keir Starmer, was seeking to prevent when he issued prosecution guidelines (the “Guidelines“) in December of last year.

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Protecting reputation: How the Data Protection Act is being used and abused – Ashley Hurst and Jack Gilbert

data-protectionIf Leveson’s proposals to erode the journalistic exemption under the Data Protection Act 1998 (“DPA”) materialise, libel claimants may have an extra string to their bow. But is the DPA already being used and abused by libel claimants? Ashley Hurst and Jack Gilbert discuss.

Amongst the many recommendations in Lord Justice Leveson’s 2,000-page report, his proposed changes to the UK data protection regime would include significantly scaling back the journalistic exemption currently afforded by section 32 of the DPA.  This exemption currently allows data controllers to collect and use personal data without the need to comply with the other provisions of the Act, on the basis that it is collected with a view to the publication of journalistic material and is in the public interest. Continue reading

Defamation Bill: Informal Consultation on Clause 5, Key Issues raised by the regulations – Ashley Hurst

r_seaman@hotmail.comOn 14 December 2012 the Ministry of Justice commenced an informal consultation seeking views on the content of the Regulations to be made under clause 5 of the Defamation Bill concerning the new defence for website operators. These Regulations will establish the notice and take-down procedure that website operators will have to follow in order to be able to rely on the new clause 5 defence. Continue reading

Clause 5 Still Needs Work: Joint Committee on Human Rights delivers its verdict on the Defamation Bill – Ashley Hurst

internet-defamationJust a few days before the Defamation Bill receives its line-by-line scrutiny in the House of Lords Grand Committee, the Joint Committee on Human Rights has published its report on the Bill.

The report centres on what the Joint Committee considers to be the key elements of the Defamation Bill that impact on human rights, being the proposed codification of the Reynolds defence in clause 4, the new defence for website operators in clause 5, and the proposed single publication rule in clause 8. In this post, I follow on from my previous postings about internet libel and clause 5 (see Part 1 and Part 2) by commenting on the Joint Committee’s recommendations as to clause 5. Continue reading

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