Online Harms White Paper: The Government’s Initial Consultation Response – Cathryn Hopkins and Dan Tench

14 02 2020

On 12 February 2020 the Government published its initial response (the “Response”) to last year’s Online Harms White Paper consultation. The Response leaves many issues concerning the regulatory and legislative structure yet to be decided (such as funding and enforcement powers), with the final policy to be published by the Government in the spring. Read the rest of this entry »





Territorial scope in recent CJEU cases: Google v CNIL / Glawischnig-Piesczek v Facebook – Cathryn Hopkins

9 11 2019

The Court of Justice of the European Union (the “CJEU”) has handed down a few intermediary-related judgments since September alone, and two are considered below. Although one relates to the E-Commerce Directive (the “ECD”) and the other to the Data Protection Direction (the “DPD”)/GDPR, a comparison of the judgments shows an apparently inconsistent approach of the CJEU to the territorial reach of injunctions against internet intermediaries. Read the rest of this entry »





Case Law: R (Privacy International) v Investigatory Powers Tribunal, Parliament’s “ouster” of High Court judicial review powers is not binding – Omar Qureshi, Dan Tench and Cathryn Hopkins

23 05 2019

On 15 May 2019, the Supreme Court handed down its judgment in the case of R (on the application of Privacy International) v Investigatory Powers Tribunal ([2019] UKSC 22), deciding by a slim majority of 4:3 that an “ouster clause” in section 67(8) of the Regulation of Investigatory Powers Act 2000 (“RIPA”) that purports to exclude from challenge or appeal any decision of the Investigatory Powers Tribunal (“IPT”), does not prevent a judicial review challenge based on an error of law. Read the rest of this entry »