Employee Computer Files The European Court of Human Rights (ECtHR) has ruled that an employer may ‘freely consult’ an employee’s computer file that is not private, so long as the company’s IT charter makes a provision to do so. In Libert v France (Application No 588/13), an employee of SNCF (France’s national railway company) was […]
Last week an important case was decided in the High Court on the so-called ‘Right to be Forgotten’. The Claimants, NT1 and NT2, are businessmen who asked Google to remove links to search results that revealed their past convictions. The High Court judgment is lengthy and comprehensive. For those who wish to analyse the case […]
The Facts On 12 January 2014, an employee of the Defendant “Morrisons” posted a file containing the personal details of almost 100,000 colleagues on the Internet. Mr Andrew Skelton, a senior IT Auditor at Morrisons, was later charged and convicted under the Computer Misuse Act 1990 and section 55 of the Data Protection Act 1998 […]
The Article 29 Data Protection Working Party recently issued guidelines on fines for the purposes of the General Data Protection Regulation (‘GDPR’). Article 83(1) of the GDPR states that supervisory authorities should identify corrective measures that are “effective, proportionate and dissuasive”. Article 83(2) is the starting point for assessing a case for the purpose of […]
The Article 29 Data Protection Working Party (‘A29WP’) recently issued guidelines on personal data breach reporting under the General Data Protection Regulation (‘GDPR’). The GDPR obliges data controllers to report personal data breaches to data protection authorities within 72 hours unless the breach is ‘unlikely to result in a risk to the rights and freedoms’ […]
There has been an important judgment in the area of employee privacy and monitoring at work. At the end of the summer, the Grand Chamber of the European Court of Human Rights (ECtHR) considered the judgment of the Fourth Section in Barbulescu v Romania (application 61496/08). Mr Bogdan Mihai Barbulescu had been asked by his […]
Summary The Supreme Court considered three appeals; all involving the question of whether or not the costs regime involving Conditional Fee Agreements (‘CFA’s’) and After the Event Insurance (ATE’s) infringed a newspaper’s Article 10 rights. The cases and legislation mentioned, or made reference to, in this podcast are: Campbell v MGN (No 2) [2005] […]
Summary His Highness Prince Moulay Hicham Ben Abdullah Al Alaoui of Morocco brought a defamation claim against Elaph Publishing Limited for an article published on the company’s news website in October 2014. The parties appealed, and cross-appealed, a decision in the High Court on an application for strike out/summary judgment, and an application to amend […]
This was an appeal in the Supreme Court concerning the scope of the duty of confidentiality that HMRC owes to taxpayers. Patrick McKenna founded Ingenious Media Holdings Plc (“Ingenious Media”), an investment and advisory group that specialised in the media industry. The group utilised tax relief schemes relevant to the industry; HMRC were investigating these […]
On 13 May 2014, the Court of Justice of the European Union (CJEU) made a ruling in the case Google Spain SL, Google Inc. v Agencia Espanola de Proteccion de Datos (AEPD) and Mario Costeja Gonzalez (Case C-131/12) that drastically changed the privacy landscape for European citizens. The outcome of the ruling has come to […]
privacy law barrister 