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

2 04 2013

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. Read the rest of this entry »





Samsung v Apple: Publication orders – Dan Tench and Jack Gilbert

30 10 2012

An interesting and potentially important corollary to the recent judgment of the Court of Appeal in the case between  Samsung and Apple ([2012] EWCA Civ 1339) was the development of a new form of order requiring the publication by the losing party (in this case Apple) of a summary of the judgment.   Such publication orders, if developed, could have obvious and significant application in defamation and other actions to assist in the vindication of a party. Read the rest of this entry »