In this podcast, I discuss data protection and the GDPR with Hatti Suvari. Get Legally Speaking is a podcast series that is supported by the Bar Council, which aims to explain different areas of law to the public. This is Part 1 of a series of podcasts related to data protection and privacy that will […]
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 […]
By Tom Orrell & Melissa Stock Privacy law has never been a straightforward affair in England. Its development has been piecemeal over the past two centuries.[1] In fact the laws that govern information today are spread across multiple frameworks, including: libel (protecting reputation), data protection (rights over the processing of personal data), breach of confidence […]
This is an overview of DB v The General Medical Council (‘GMC’) [2018] EWCA Civ 1497 in the Court of Appeal. It is now the leading judgment in the approach to be taken on disclosure in so-called mixed personal data cases – that is subject access requests where the information requested by the data subject […]
This is an overview of the e-Privacy Regulation (‘ePR’), which will replace Directive 2002/58/EC (Regulation on Privacy and Electronic Communications), or ‘e-Privacy Directive’. The e-Privacy Directive protects the confidentiality of electronic communications and applies to publicly available electronic communications services. In the U.K., the Privacy and Electronic Communications Regulation (“PECR”) implements the e-Privacy Directive. In […]
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 […]
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] […]
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 […]
privacy law barrister 