Two recent cases demonstrate two very different privacy issues arising out data breaches suffered by the telecommunications company TalkTalk in 2014 and 2015. Smith v TalkTalk Telecom Group plc [2022] EWHC 1311 (QB) (27 May 2022) concerned claims for damages for both breaches; whilst Sterritt v Telegraph Media Group Ltd [2022] NIQB 43 (09 June 2022) concerned the privacy of one of the hackers involved in the second breach. In this post, I want to look at the limits of claims for misuse of private information for both breaches in Smith. In the next post, I will look at Smith (again) and at Sterritt, to consider the limits of a claim in negligence in such cases. Continue reading
The International Forum for Responsible Media Blog
Tag: Misuse of Private Information
On 30 July 2021, Saini J handed down judgment on the Defendant’s strike-out application in Warren v DSG Retail Limited [2021] EWHC 2168 (QB). His decision addresses the viability (or, more properly, the lack thereof) of breach of confidence (BoC) and misuse of private information (MPI) claims against data controllers who have suffered cyber attacks and, in so doing, provides much needed clarity on the recoverability of ATE adverse costs insurance premiums in such claims. Continue reading
The newspapers are once again replete with Boris Johnson’s private life. Last weekend he rowed loudly with his girlfriend. Neighbours overheard. She shouted “get off me”, “get out of my flat”, “you’re spoilt”, “you have no care for money or anything”. He shouted “get off my f***ing laptop”. Continue reading
In a decision handed down on 24 June 2016 (TLT and others v Secretary of State for the Home Department [2016] EWHC 2217 (QB)) Mitting J ordered the Home Office to pay six claimants a combined total of £39,500 for the misuse of private information and breaches of the Data Protection Act (“DPA”) 1998 arising from the publication online of a spreadsheet. A redacted version of the judgment was made public last week. Continue reading
On Monday and Tuesday, 4 and 5 April 2016 the Court of Appeal in Northern Ireland will hear an appeal from the judgment of Stephens J in CG v Facebook Ireland Ltd & Anor [2015] NIQB 11. The case will require the Court to determine a number of important issues of principle relating to intermediary liability. Continue reading
The Supreme Court has refused Associated Newspapers Limited permission to appeal against the decision awarding damages and an injunction to the three children of the singer Paul Weller following the publication in the Daily Mail of photographs of them taken in public places in California. Continue reading
Hugh Tomlinson’s excellent post came as a welcome reassurance that the Misuse of Private Information (“MOPI”) tort should survive the proposed repeal of the Human Rights Act 1998 (“HRA”). As he argues, MOPI is not dependent on its origins. Yet MOPI is a child, with years of maturity still required, and one born of two parents (Articles 8 and 10 ECHR) with particular values, specifically that both are of equal status. Once these parents are executed (for crimes they did not commit), MOPI can expect to be adopted by a very different set of parents, who are most unlikely to hold the same values. Continue reading
It is now over ten years since the landmark decision in Campbell v MGN Ltd ([2004] 2 AC 457) established the misuse of private information (“MOPI”) tort (any lingering doubt that it might not be a tort has been eradicated by the Court of Appeal decision in Vidal-Hall v Google Inc [2015] EWCA Civ 311). Continue reading
In Vidal-Hall v, Google Inc ([2015] EWCA Civ 311) the Court of Appeal dismissed Google’s appeal from the decision of Tugendhat J in which he declined to declare that the English court did not have jurisdiction to hear data protection and misuse of private information claims brought against it. Continue reading
A group of UK Google users called ‘Safari Users Against Google’s Secret Tracking’ have claimed that the tracking and collation of information about of their internet usage by Google amounts to misuse of personal information, and a breach of the Data Protection Act 1998. In this judgment (Vidal Hall and Ors v Google Inc [2014] EWHC 13 (QB)) the Judge confirmed that misuse of personal information was a distinct tort. He also held that the English courts had jurisdiction to try the claims. Continue reading
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