On Wednesday 8 July 2015, data protection practitioners gathered at a seminar organised by the Society for Computers and the Law (“SCL”) to discuss some of the important issues arising from the CJEU decision in Costeja v Google with leading experts in this area, including Anya Proops of 11 KBW, Ashley Hurst and Dan Tench of Olswang and Jan Clements of the Guardian. Continue reading
Whilst the question of the liability of internet intermediaries for damages is very interesting, in the vast majority of cases, all claimants want is for the damaging material to be removed from the internet. Continue reading
Google’s only public response so far to the judgment in Google Spain is to say that it is “disappointed” by the decision. It is reported that it is already being deluged with requests from individuals to bar access to personal information. Continue reading
Perhaps the most critical question for Google’s lawyers when receiving a deluge of new take-down/ blocking requests will be when the data processing complained of is unlawful within the EU data protection regime and when Google has the requisite knowledge of such unlawful processing. Continue reading
Much has been written about the Defamation Act 2013, which came into force on 1 January 2014. On the one hand it is a “boost for free speech“, on the other a “missed opportunity“. The government’s line is that the new Act “rebalances the law on defamation to provide more effective protection for freedom of speech while at the same time ensuring that people who have been defamed are able to protect their reputation“. Continue reading
If 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