Judge throws out DeepMind NHS data action – Law Society’s Gazette

‘A representative claim on behalf of 1.6 million people whose medical records were drawn upon to help Google subsidiary DeepMind develop an app has been thrown out by the High Court because of the claimants’ differing circumstances. Ruling in Prismall v Google UK & Anor, Mrs Justice Heather Williams DBE found that the claim failed the ‘same interest’ requirement set out in the civil procedure rules.’

Full Story

Law Society's Gazette, 22nd May 2023

Source: www.lawgazette.co.uk

DPA breach at “lowest end of spectrum”: High Court awards £250 – Panopticon

‘Just about anyone who works in data protection will probably have asked, or have been asked: what do courts tend to award claimants who suffer data breaches? They will probably also be used to an answer along the lines that “it’s quite difficult to say; there isn’t very much case law”. Last week’s judgment of Knowles J in Driver v Crown Prosecution Service [2022] EWHC 2500 (KB) is a helpful contribution to this limited line of authority.’

Full Story

Panopticon, 17th October 2022

Source: panopticonblog.com

Judge throws cold water on “insignificant” data breach claims – Legal Futures

Posted May 3rd, 2022 in birth, damages, data protection, misuse of private information, news by sally

‘The burgeoning field of data breach claims has taken a blow with a High Court judge saying the disclosure of a person’s name, gender and date of birth is not serious enough.’

Full Story

Legal Futures, 3rd May 2022

Source: www.legalfutures.co.uk

TikTok: lawyers ‘unwisely’ waited until last minute – Law Society’s Gazette

‘The High Court has dealt a blow to the claimant in a high-profile privacy claim against social media platform TikTok after refusing an extension of time for service.
In SMO (A Child) v Tiktok Inc & Ors Mr Justice Nicklin said that the “inescapable reality” of why the claimant needed an extension was that she had waited until the last minute to meet key deadlines.’

Full Story

Law Society's Gazette, 9th March 2022

Source: www.lawgazette.co.uk

New Judgment: Bloomberg LP v ZXC [2022] UKSC 5 – UKSC Blog

‘The Respondent is a US citizen. He and his employer were the subject of a criminal investigation by a UK Legal Enforcement Body. During that investigation, the UKLEB sent a confidential Letter of Request to the authorities of a foreign state seeking, among other things, information and documents relating to the Respondent. The Letter expressly requested that its existence and contents remain confidential.’

Full Story

UKSC Blog, 16th February 2022

Source: ukscblog.com

Court throws out claim over law firm’s “trivial” data breach – Legal Futures

‘The High Court has imposed indemnity costs on a family that claimed damages for distress after a law firm accidentally sent an email about outstanding school fees to the wrong person.’

Full Story

Legal Futures, 21st October 2021

Source: www.legalfutures.co.uk

Copyright – Duchess of Sussex v Associated Newspapers Ltd – NIPC Law

‘At a directions hearing before Lord Justice Warby on 5 May 2021, His Lordship granted summary judgment to the Duchess of Sussex in her claim for copyright infringement against the publisher of The Mail on Sunday and The Mail Online. He made a number of consequential orders and gave directions for the taking of an account of profits. His judgment in Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 1245 (Ch) (12 May 2021) sets out the reasons for those orders and directions.’

Full Story

NIPC Law, 13th June 2021

Source: nipclaw.blogspot.com

N.A. Moreham: Police investigations: privacy, confidence and public duties – UK Constitutional Law Association

Posted February 18th, 2021 in confidentiality, misuse of private information, news, police, public interest by sally

‘The Court of Appeal has recently affirmed the proposition that a person can be liable under the misuse of private information tort for revealing that someone is the subject of a police investigation before they have been charged. This raises important questions about the relationship between the citizen and the state when the former has the latter under investigation. But so far that relationship has not been central to the courts’ decision-making on this issue. Rather, the basis for liability has been a broad-brush conclusion that a person will generally have a reasonable expectation of privacy in the fact that they “have simply come under suspicion” of the police or other state authority. This blog post will suggest there is a better way to resolve these tricky cases.’

Full Story

UK Constitutional Law Association, 18th February 2021

Source: ukconstitutionallaw.org

‘Kevin’s identity was stolen by police after he died’ – BBC News

‘David Crossland’s whole family died beside him on a holiday flight to Yugoslavia in September 1966. His wife Daphne, and their young children Kevin and Lynne were killed when their plane crashed in woods as it was approaching the airport in Ljubljana. David, who was sitting across the aisle from his wife and children, crawled to safety from the burning wreckage.’

Full Story

BBC News, 7th December 2020

Source: www.bbc.co.uk

Misuse of Private Information: A Tort in its Infancy – Pump Court Chambers

‘There has been an avalanche of commentary on the recent decision of the Supreme Court in WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12. The case has provided some welcome guidance on vicarious liability in the wake of the earlier decision of Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11, and also represents the first class action of its kind in the UK.’

Full Story

Pump Court Chambers, 23rd July 2020

Source: www.pumpcourtchambers.com

Reasonable expectation of privacy for those under police investigation – Park Square Barristers

Posted May 29th, 2020 in misuse of private information, news, police, privacy by sally

‘This article notes the recent Court of Appeal decision in ZXC v Bloomberg LP [2020] EWCA Civ 611 and the Court’s finding that the starting point is that suspects under investigation, pre-charge, have a reasonable expectation of privacy.’

Full Story

Park Square Barristers, 26th May 2020

Source: www.parksquarebarristers.co.uk

Welcome to the jungle – New Law Journal

Posted December 10th, 2019 in media, misuse of private information, news, privacy by sally

‘I’m a celebrity, but don’t get my private information out of here! Jeremy Clarke-Williams & Nilly Tabatabai report (Pt 1).’

Full Story

New Law Journal, 5th December 2019

Source: www.newlawjournal.co.uk

Security firm pays damages to anti-asbestos activists it spied on – The Guardian

‘A private security firm has been forced to pay damages to five anti-asbestos campaigners after they discovered it had spied on them. The firm, K2 Intelligence, paid an infiltrator for four years to masquerade as a sympathetic documentary-maker to obtain confidential information about leading activists in the worldwide campaign to ban asbestos.’

Full Story

The Guardian, 8th November 2018

Source: www.theguardian.com

Employer liability for criminal data breach by rogue employee – Technology Law Update

‘Organisations that hold and process personal data have already had to contemplate the prospect of €20 million fines for not matching up to the requirements of the GDPR. Now the Court of Appeal has given a ruling that presents another type of exposure risk where personal data is concerned. Upholding a High Court decision given in November 2017, this second ruling confirms that an employer can be liable for the actions of a rogue employee in exposing the private information of thousands of other members of staff.’

Full Story

Technology Law Update, 26th October 2018

Source: www.technology-law-blog.co.uk

Data protection compensation claim fails to prove ‘damage’ – OUT-LAW.com

‘Businesses that breach UK data protection law or misuse personal information are not automatically obliged to pay compensation to people affected by that breach, the High Court in London has confirmed.’

Full Story

OUT-LAW.com, 9th October 2018

Source: www.out-law.com

Transgender lawyer launches UK’s first ‘deadnaming’ case against Father Ted writer Graham Linehan – Daily Telegraph

‘A Transgender lawyer has launched Britain’s first “deadnaming” case in the High Court against Father Ted’s screenplay writer after he referred to her using her birth name.’

Full Story

Daily Telegraph, 7th October 2018

Source: www.telegraph.co.uk

Circuit judge was wrong to apply QOCS to ‘mixed’ claim automatically, High Court rules – Litigation Futures

‘A circuit judge was wrong to order that qualified one-way costs shifting (QOCS) automatically applied to a claim about misuse of data because it also included a personal injury (PI) element, the High Court has ruled.’

Full Story

Litigation Futures, 1st August 2018

Source: www.litigationfutures.com

Thai bride wins battle to share ‘secret’ relationship with US economist on Facebook – Daily Telegraph

Posted July 25th, 2018 in bigamy, internet, married persons, misuse of private information, news by tracey

‘A married US economist lost a High Court battle against his Thai bride over a Facebook picture she uploaded that he feared would out his secret relationship with her.’

Full Story

Daily Telegraph, 25th July 2018

Source: www.telegraph.co.uk

Channel 5 ordered to pay £20,000 damages to evicted couple – BBC News

Posted February 23rd, 2018 in damages, media, misuse of private information, news, privacy by tracey

‘Channel 5 has been ordered to pay a couple £10,000 each for the distress of broadcasting them being evicted.’

Full Story

BBC News, 22nd February 2018

Source: www.bbc.co.uk

Facebook pays teen undisclosed damages over naked photograph in first case of its kind – Daily Telegraph

Posted January 12th, 2018 in compensation, data protection, internet, misuse of private information, news by tracey

‘Facebook has settled a landmark legal action over a naked photograph of a 14-year-old girl posted on a “shame” page. The social media giant agreed to pay undisclosed damages to the teenager after failing in its attempt to get the action thrown out of court.’

Full Story

Daily Telegraph, 11th January 2018

Source: www.telegraph.co.uk