In the U.K., and elsewhere in the world, the burning question at the moment is how we move forward in this pandemic, not just from a health perspective, but from an economic perspective as well. We all want to know what the so-called ‘exit strategy’ will be. One of the possible facets of the strategy […]
The Supreme Court has overturned the Court of Appeal decision in Various Claimants v WM Morrison Supermarkets Plc [2018] EWHC Civ 2339 finding the appellant (“Morrisons”) not vicariously liable for the illegal acts of a rogue employee. It was a unanimous decision. The Supreme Court judgment is available here. The Supreme Court considered: 1. Whether […]
The General Data Protection Regulation 2016/679 (‘GDPR’) has introduced the concept of ‘Data Protection by Design and Default’ (‘DPbDD’) into the data protection framework.[1] ‘Privacy by Design’ is not a new concept; it was formulated by the Information and Privacy Commissioner of Ontario in the 1990’s and is based on seven foundational principles[2]. Whilst Article […]
R (Bridges) v Chief Constable of South Wales Police and Others [2019] EWHC 2341 (Admin) To read the judgment click here. The High Court turned down an application for judicial review of the decision by South Wales Police to use automated facial recognition technology in a pilot project. The project involved the capture of digital […]
Lloyd v Google LLC [2019] EWCA Civ 1599 To read the judgment click here. The Court of Appeal has overturned the High Court’s decision, which had refused permission for Mr Richard Lloyd to serve proceedings on Google for the alleged secret collection of browser-generated information from Apple iPhone users. Mr Lloyd had brought the claim […]
ECJ case C-673/17 (Planet 49) To read the judgment click here. In this case the Court of Justice of the European Union (“CJEU”) was asked to consider a series of questions in relation to the use of pre-ticked checkboxes and cookies. It held the following: A pre-ticked checkbox, which a user must de-select to refuse […]
Lachaux v Independent Print Ltd and another [2019] UKSC 27 To read the judgment click here. The Supreme Court has clarified the approach to the serious harm test in section 1 of the Defamation Act 2013 (“the Act”). Section 1: (1) A statement is not defamatory unless its publication has caused or is likely to […]
