A couple of developments on data protection damages: one from the EU which indicates that the likely direction of travel for the block’s highest court is that there’s no entitlement to compensation under the GDPR without showing harm which is more than “mere upset”; and the other from the UK which assessed damages for a personal data breach with no privacy implications at £250. Continue reading
The International Forum for Responsible Media Blog
Tag: Damages (Page 1 of 7)
Next week, on 30 November and 1 December 2021, the Supreme Court will hear arguments in ZXC v Bloomberg LP. The case gives the court an opportunity to answer one of the most important questions which has emerged in English privacy law in recent years: does a person who has not been charged with an offence have a reasonable expectation of privacy in a police investigation into their activities? Continue reading
In the case of SIC – Sociedade Independente de Comunicação v Portugal ([2021] ECHR 703) the Fourth Section of the European Court of Human Rights held that an award of damages totalling €146,000 euros (about £124,200) – a record in Portugal – to a politician wrongly linked to an investigation into a paedophile scandal in the Azores was disproportionate and could have a chilling effect on freedom of expression. Continue reading
On Thursday 1 July 2021, the High Court handed down judgment in the long-running libel action of Lachaux v Independent Print Limited & Others [2021] EWHC 1797 (QB). Continue reading
On 12 August 2020, HHJ Lewis sitting as a judge of the High Court handed down judgment in Gilham v MGN Ltd & Anor [2020] EWHC 2217 (QB). This was a Part 8 claim for the determination of compensation following the acceptance of a qualified offer of amends, which was issued pursuant to section 3(5) of the Defamation Act 1996. Mr Gilham was awarded £49,000 by way of compensation. Continue reading
On 23 July 2020 Master Dagnall gave judgment on the assessment of damages in libel proceedings brought by the leader of the Tunisian opposition party Ennahdha and speaker of the Tunisian parliament Rached Ghannouchi. Continue reading
Denis, John, Neill and Joe Wagner operated a quarry in Grantham in Queensland. In January 2011, there was a flood that devastated the town and killed 12 people. A Commission of Inquiry made findings that the disaster was a natural event and no human action caused it or could have prevented it – not much of a story, so the media persisted. Continue reading
In my previous post in this series, I argued (yet again) that Collins v FBD Insurance plc [2013] IEHC 137 (14 March 2013) was wrongly decided. It precludes a claim for damages for distress for breach of data protection rights, pursuant to section 7 of the Data Protection Act, 1988 (also here) [hereafter: section 7 DPA88]. Continue reading
A story in the newspapers this morning has made me think once again about some of the weaknesses in Irish law relating to damages for data protection infringements. Continue reading
In Ali & Anor v Channel 5 Broadcasting Ltd [2019] EWCA Civ 677, the Court of Appeal considered whether countervailing privacy and the public interest/freedom of expression rights had been properly balanced, together with the appropriate award of privacy damages arising from footage of an eviction shown on Channel 5, the Defendant in this action. Continue reading
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