The iniquity exception – legal privilege and the long-running Ablyazov litigation – Legal Week

‘What you say to your lawyers is truly confidential; no-one, not even a regulator or prosecutor can see it. This is protected by the right to privacy under Article 8, and the right to a fair trial under Article 6 (which includes the right to access to lawyers).’

Full story

Legal Week, 13th August 2014

Source: www.legalweek.com

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M v Times Newspapers Ltd and others – WLR Daily

M v Times Newspapers Ltd and others [2014] EWCA Civ 1132; [2014] WLR (D) 371

‘The decision of a court to allow publication of a report which might lead to the identification of a person who had been arrested but not charged with any offence and was not a party to criminal proceedings would not be interfered with unless the court, in carrying out the evaluative exercise of balancing the competing public interest of freedom of expression in a report of court proceedings against the person’s right to private and family life, had erred in principle or reached a conclusion which was plainly wrong.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk

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News International lawyers face tribunal over alleged hacking coverup – The Guardian

‘Two lawyers working for News International at the height of the phone hacking scandal are being prosecuted by the legal profession’s regulator for allegedly seeking to cover up the scale of criminality at the News of the World.’

Full story

The Guardian, 9th August 2014

Source: www.guardian.co.uk

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Appeal court backs publication of arrest names – Law Society’s Gazette

‘A man arrested but never charged over sexual offences has failed to persuade the Court of Appeal that newspapers should be barred from identifying him.’

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Law Society’s Gazette, 5th August 2014

Source: www.lawgazette.co.uk

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Lawyers must step up data protection measures after series of breaches, says watchdog – Daily Telegraph

Posted August 6th, 2014 in barristers, data protection, documents, news, ombudsmen, privacy, solicitors by sally

‘Christopher Graham, the Information Commissioner, highlights a series of recent privacy breaches by barristers and solicitors.’

Full story

Daily Telegraph, 5th August 2014

Source: www.telegraph.co.uk

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DRIP – Data Retention Regulations come into force – Panopticon

‘The introduction of the controversial draft Data Retention Regulations 2014 has already been discussed by my colleague Robin Hopkins in his excellent post last month. The Regulations now have the force of law, having come into force on 31 July 2014 – see the Regulations here. In his post, Robin made the point that, following the judgment in Digital Rights Ireland, there were two methods for curtailing the infringement of privacy rights presupposed by the existing communications data retention (CDR) regime: either cut back on the data retention requirements provided for under the legislation, so as generally to limit the potential for interference with privacy rights, or introduce more robust safeguards with a view to ensuring that any interference with privacy rights is proportionate and otherwise justified. The Government, which has evidently opted for the latter approach in the new Regulations, will now need to persuade a somewhat sceptical public that the safeguards which have been adopted in the legislation strike the right balance as between the protection of privacy rights on the one hand and the imperative to support criminal law enforcement functions on the other.’

Full story

Panopticon, 5th August 2014

Source: www.panopticonblog.com

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Wikipedia link to be hidden in Google under ‘right to be forgotten’ law – The Guardian

Posted August 4th, 2014 in freedom of expression, internet, news, privacy, statistics by sally

Google is set to restrict search terms to a link to a Wikipedia article, in the first request under Europe’s controversial new “right to be forgotten” legislation to affect the 110m-page encyclopaedia.

Full story

The Guardian, 2nd August 2014

Source: www.guardian.co.uk

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The death of privacy – The Guardian

‘Google knows what you’re looking for. Facebook knows what you like. Sharing is the norm, and secrecy is out. But what is the psychological and cultural fallout from the end of privacy?’

Full story

The Guardian, 3rd August 2014

Source: www.guardian.co.uk

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The ‘right to be forgotten’ simply doesn’t exist – Daily Telegraph

Posted July 31st, 2014 in data protection, EC law, internet, news, privacy by michael

‘Most people have moments in their past that they would prefer not to be in the spotlight. What if, when you enter your name in Google, the first thing that comes up is a link to an episode that you would like to be forgotten. Can it be forgotten? If it can, should it be? Should you have a right to have the link deleted? And based on what procedure?’

Full story

Daily Telegraph, 31st July 2014

Source: www.telegraph.co.uk

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Watchdog ‘desperate’ for ministers to crack down on nuisance calls and spam texts – Daily Telegraph

Posted July 30th, 2014 in compensation, electronic mail, news, nuisance, privacy, telecommunications by sally

‘Victims of spam message companies could find it easier to win compensation under plans backed by the Information Commissioner’s Office’

Full story

Daily Telegraph, 29th July 2014

Source: www.telegraph.co.uk

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Max Mosley to sue Google over sex party images – The Independent

Posted July 30th, 2014 in data protection, internet, media, news, privacy by sally

‘The ex-Formula 1 boss Max Mosley is suing Google for continuing to publish images of him with prostitutes at a sex party.’

Full story

The Independent, 30th July 2014

Source: www.independent.co.uk

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Right to be forgotten is unworkable, say peers – The Guardian

Posted July 30th, 2014 in data protection, EC law, internet, news, privacy by sally

‘A “right to be forgotten” – enforcing the removal of online material – is wrong in principle and unworkable in practice, a parliamentary committee has said.’

Full story

The Guardian, 30th July 2014

Source: www.guardian.co.uk

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Rhys Ifans and Michael Barrymore awarded damages in phone hacking case – The Independent

Posted July 23rd, 2014 in damages, interception, media, news, privacy by sally

‘Rhys Ifans and Michael Barrymore have both received undisclosed damages at the close of their phone hacking lawsuit.’

Full story

The Independent, 22nd July 2014

Source: www.independent.co.uk

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Law Commission urges full reform project on data sharing and public bodies – Local Government Lawyer

Posted July 22nd, 2014 in consultations, data protection, Law Commission, news, privacy, reports by sally

‘The Law Commission has this month recommended that a full law reform project should be carried out “in order to create a principled and clear legal structure for data sharing, which will meet the needs of society”.’

Full story

Local Government Lawyer, 21st July 2014

Source: www.localgovernmentlawyer.co.uk

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DRIP: 5 unjust government arguments – Halsbury’s Law Exchange

‘It is suggested that the USA PATRIOT Act, legislation swiftly enacted by US Congress in the wake of the 11 September 2001 terrorist act was a “backronym” designed to play on the national pride around at the time. Clever political manoeuvring? Potentially so.’

Full story

Halsbury’s Law Exchange, 16th July 2014

Source: www.halsburyslawexchange.co.uk

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Google “Right to be forgotten” – freedom of expression v privacy – Halsbury’s Law Exchange

Posted July 21st, 2014 in EC law, freedom of expression, internet, news, privacy by sally

‘In the context of the draft EU General Data Protection Regulations (the Draft Regulations) – which will replace the current EU Data Protection Directive 95/46/EC (the Directive) – should the European Court of Justice’s (ECJ) Google Spain “Right to be forgotten” ruling be welcomed? Is it testing the “right to be forgotten” contained in the Draft Regulations before it is enshrined in legislation, or does it simply amount to the clumsy implementation of a “new” right without a democratic debate on its wider implications?’

Full story

Halsbury’s Law Exchange, 17th July 2014

Source: www.halsburyslawexchange.co.uk

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Data Retention & Investigatory Powers Bill receives Royal Assent – Home Office

‘Legislation to ensure UK law enforcement and intelligence agencies continue to have access to the vital evidence and information they need to investigate criminal activity, prevent terrorism and protect the public has today (Thursday 17 July) received Royal Assent.’

Full press release

Home Office, 17th July 2014

Source: www.gov.uk/home-office

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Terrorism laws watchdog issues warning over security services scrutiny – The Guardian

‘David Anderson says privacy and civil liberties board that is planned to replace his job must have unfettered access.’

Full story

The Guardian, 17th July 2014

Source: www.guardian.co.uk

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Record number of data complaints made to ICO – BBC News

Posted July 16th, 2014 in appeals, complaints, data protection, disclosure, fines, news, nuisance, privacy, statistics by tracey

‘The UK’s information commissioner has called for better funding for the country’s data regulator amid a record number of cases.’

Full story

BBC News, 15th July 2014

Source: www.bbc.co.uk

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Emergency surveillance bill clears Commons – The Guardian

‘Controversial emergency surveillance legislation has cleared the Commons after an extended sitting and angry exchanges alleging an abuse of parliament.’

Full story

The Guardian, 16th July 2014

Source: www.guardian.co.uk

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