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Tag: Sophie Stalla-Bourdillon (Page 2 of 2)

JR 38 in the UK Supreme Court: the scope of Article 8 ECHR or why Lord Kerr is right – Sophie Stalla-Bourdillon

In its judgement In the matter of an application by JR38 for Judicial Review (Northern Ireland) [2015] UKSC 42, the UK Supreme Court held that the publication of photographs of a minor (just about 14 years old at the time of publication) suspected of involvement in criminal activities did not constitute a breach of his right to respect for his private life protected by Article 8 of the European Convention on Human Rights (ECHR).

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On Delfi v Estonia… Is it time to adopt a good-Samaritan style exemption? – Sophie Stalla-Bourdillon

consentThe Grand Chamber of the European Court of Human Rights (ECtHR) recently upheld the decision of the First section in the case Delfi v Estonia, which in 2013 found that holding a news portal liable for the third-party comments posted on its Internet news portal did not amount to a violation of Article 10 of the European Convention on Human Rights (ECHR). Given that we asked in an earlier post whether a passive and neutral intermediary could also be a data controller, it is interesting to have a look at the Delfi case to better grasp what a passive and neutral intermediary is or could be. Continue reading

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