Do Young Thugs have Human Rights? The Supreme Court has a Riot – Panopticon

‘Following a period of considered reflection, or laziness depending on one’s view, it is worth noting the decision of the Supreme Court in In the matter of an application by JR38 for Judicial Review [2015] UKSC 42. The case is all about Article 8 ECHR, and is of particular interest because of the dispute about the breadth of the correct test for the engagement of Article 8. The context is also one which will be familiar to English data protection and privacy lawyers: the publication by the police of photographs seeking to identify a suspect. If anyone remembers that famous picture of a youth in a hoodie pointing his fingers like a gun behind an awkward looking David Cameron, JR38 is basically that, but with Molotov cocktails and a sprinkling of sectarian hatred.’

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Panopticon, 9th July 2015

Source: www.panopticonblog.com

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Privacy watchdog to investigate whether charities trading cold-calling ‘generous lists’ – Daily Telegraph

Posted July 8th, 2015 in charities, data protection, news, privacy, regulations, telecommunications by sally

‘Charities sharing personal data without proper consent could be breaking the law, warns Information Commissioner.’

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Daily Telegraph, 7th July 2015

Source: www.telegraph.co.uk

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Paul Bernal: Privacy, Surveillance and Brexit…. – UK Constitutional Law Association

An Englishman’s home is his castle, so the old saying goes, and it might be thought that the implication is that the English place a special importance on privacy. The reverse, however, seems to be the case, when the law is considered – for much of the law that provides protection for our privacy, particularly in relation to surveillance, does not originate in the UK but in Europe. With the perfect storm of possible ‘Brexit’ and the potential repeal of the Human Rights Act (HRA), that might leave our privacy in an even more precarious state than it currently is. The so-called ‘British Bill of Rights’ has yet to see the light of day: one of the key questions could be what provision it makes for privacy, particularly in relation to the internet and other forms of communications.
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UK Constitutional Law Association, 18th June 2015

Source: www.ukconstitutionallaw.org

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Britain Can Lead the World In Online Privacy – UK Human Rights Blog

Posted June 16th, 2015 in data protection, internet, investigatory powers, news, privacy, reports, terrorism by sally

‘British legal history has long inspired the common law world. The Magna Carta, an 800-year-old agreement between a King and his barons, remains an icon of liberty, seen around the world as the foundation stone of the rule of law. In contrast, British law on online surveillance and privacy has been arcane and obscure – a field that is for reluctant experts if it is for anyone at all.’

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UK Human Rights Blog, 13th June 2015

Source: www.ukhumanrightsblog.com

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What to look out for in Britain’s new surveillance bill – The Guardian

‘The government intends wholesale reform, but will it perpetuate a dark history of invasion of privacy or follow the US example, and end invasive surveillance?’

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The Guardian, 5th June 2015

Source: www.guardian.co.uk

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Legal challenge against Data Retention and Investigatory Powers Act reaches High Court – OUT-LAW.com

‘A legal challenge fronted by two UK MPs against communications surveillance laws passed last year has reached the High Court.’

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OUT-LAW.com, 4th June 2015

Source: www.out-law.com

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We all had a right to see Prince Charles’s letters. But not any more, it seems – The Guardian

‘Downing Street’s decision to publish the second batch of letters that Prince Charles had sent to ministers was unexpected. The government had been preparing to resist the publication of the latest batch, covering the years 2006 to 2009, even though a previous batch, covering 2004 and 2005, was released after a ten-year legal battle with the Guardian.’

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The Guardian, 4th June 2015

Source: www.guardian.co.uk

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Chrissy Chambers: YouTube star launches legal bid against ex-boyfriend who posted sex video online – The Independent

Posted June 4th, 2015 in crime, damages, harassment, news, pornography, privacy by sally

‘An American YouTube star who claims her British ex-boyfriend posted a secret video of them having sex online is launching complex legal bid for damages and criminal prosecution in the UK courts.’

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The Independent, 4th June 2015

Source: www.independent.co.uk

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Gulati v MGN Ltd – WLR Daily

Gulati v MGN Ltd [2015] EWHC 1482 (Ch); [2015] WLR (D) 232

‘Damages for infringement of privacy rights should compensate not merely for distress but also, if appropriate, for a loss of privacy or autonomy arising out of the infringement as such, which might include, if appropriate, a sum to compensate for damage to dignity or standing so far as that was meaningful and not already compensated under the distress element.’

WLR Daily, 21st May 2015

Source: www.iclr.co.uk

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Regina (AB) v Chief Constable of Hampshire Constabulary – WLR Daily

Regina (AB) v Chief Constable of Hampshire Constabulary [2015] EWHC 1238 (Admin); [2015] WLR (D) 225

‘While the disclosure by police of non-conviction material to a third party involved an interference with a person’s right to respect for his private and family life, within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the common law empowered the police to disclose relevant information to relevant parties, where it was necessary for police purposes such as the public protection. Moreover, the Data Protection Act 1998 and the relevant statutory and administrative codes, provided a sufficiently clear, accessible and consistent set of rules, so as to prevent arbitrary or abusive interference with an individual’s article 8 rights; such that the disclosure would be in accordance with law.’

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

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Disclosing child protection information: make sure you ask the right questions first – Panopticon

Posted June 2nd, 2015 in child abuse, data protection, disclosure, news, privacy by sally

‘High-profile revelations in recent years illustrate the importance of public authorities sharing information on individuals who are of concern in relation to child protection matters. When inaccurate information is shared, however, the consequences for the individual can be calamitous.’

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Panopticon, 1st June 2015

Source: www.panopticonblog.com

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The police ask to look at our private messages once every 120 seconds – The Independent

‘Police officers in the UK ask for permission to monitor use of emails, text messages and internet searches once every two minutes, a new report has disclosed.’

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The Independent, 1st June 2015

Source: www.independent.co.uk

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UK police requests to access phone calls or emails are granted 93% of the time – The Guardian

‘Ministers are facing calls to curb the scale of police access to private phone and email records, after a report by privacy campaigners found officers were making a request every two minutes and getting access in 93% of cases.’

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The Guardian, 1st June 2015

Source: www.guardian.co.uk

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Surveillance and privacies – OUP Blog

‘In its recent report, Privacy and Security: A modern and transparent legal framework, the Parliamentary Intelligence and Security Committee pondered on the scale of public concern about digital surveillance:

“It is worth noting that this debate does not seem to arise in the context of the Agencies intercepting letters, or listening to people’s home or office landline calls. So what is it about the internet that makes it different? For many, the free and open nature of the internet represents liberty and democracy, and they consider that these values should not be compromised for the sake of detecting a minority who wish to use it for harmful purposes.”’

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OUP Blog, 28th May 2015

Source: http://blog.oup.com

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Prosecutors examining claims that police spied on sister after death of her brother – The Guardian

‘Prosecutors are examining allegations that police improperly monitored the sister of a former paratrooper who died on the floor of a police station.’

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The Guardian, 26th May 2015

Source: www.guardian.co.uk

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Queen’s Speech: New online data terror powers proposed – BBC News

‘Planned new laws to give police and spies stronger powers to “target the online communications” of terrorist suspects are in the Queen’s Speech.’

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BBC News, 27th May 2015

Source: www.bbc.co.uk

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Famous woman wins court injunction to stop details of her affair with high profile married man being leaked by lover – The Independent

Posted May 27th, 2015 in human rights, injunctions, married persons, news, privacy by sally

‘A high profile celebrity woman, who has been described as a “figure of trust”, has been granted a court injunction to prevent her lover from leaking details of her affair with a famous married man to the press.

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The Independent, 22nd May 2015

Source: www.independent.co.uk

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Phone hacking: massive privacy damages – UK Human Rights Blog

Posted May 27th, 2015 in compensation, damages, interception, media, news, privacy by sally

‘For some years in the early and mid 2000s, a routine form of news-gathering in the Mirror Group was phone hacking – listening to voicemails left for celebrities by their friends, and then dishing up revelations in their papers. And this judgment amounts to a comprehensive pay-back time for the years of distress and upset sustained by those celebrities, as the ins and outs of their private lives were played out for the Mirror Group’s profit. The damages awarded well exceeded those previously payable, as justified in the tour de force of a judgment by Mann J.’

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UK Human Rights Blog, 22nd May 2015

Source: www.ukhumanrightsblog.com

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Phone hacking at Trinity Mirror ‘widespread’ for a decade, says judge – The Guardian

Posted May 22nd, 2015 in compensation, interception, media, news, privacy, telecommunications, victims by sally

‘Phone hacking at the tabloid publisher Trinity Mirror was “widespread and frequent” for a decade, a high court judge has ruled as he ordered the company to pay a record £1.2m in privacy damages to eight victims, including the actor Sadie Frost and ex-footballer Paul Gascoigne.’

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The Guardian, 21st May 2015

Source: www.guardian.co.uk

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Phone hacking: Paul Gascoigne wins damages from Mirror Group – BBC News

Posted May 21st, 2015 in appeals, damages, interception, media, news, privacy, telecommunications by sally

‘Former footballer Paul Gascoigne has won £188,250 in phone-hacking damages from Mirror Group Newspapers.’

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BBC News, 21st May 2015

Source: www.bbc.co.uk

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