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.’

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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.’

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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.’

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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.’

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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).’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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Daily Telegraph, 11th January 2018

Source: www.telegraph.co.uk

Being a sex worker does not mean you can’t have a private life, says judge as he grants escort an injunction – Daily Telegraph

‘Being a sex worker does not disqualify you from having a private life, a judge has said, as he granted an injunction to an escort who has been harassed online.’

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Daily Telegraph, 19th December 2017

Source: www.telegraph.co.uk

Landmark judgment in group litigation data leak claim – 5RB

‘Judgment in the trial on liability in a group litigation claim brought by 5,518 employees of the supermarket chain WM Morrison Supermarkets PLC has been handed down today [1 December].’

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5RB, 1st December 2017

Source: www.5rb.com

Charlotte Davies on Proving Misuse of Confidential Information – Littleton Chambers

‘Ex-employers need to protect their confidential information. Some of the most potent weapons in the ex-employers’ armoury are orders for preservation, return and protection of confidential information. However, two recent cases provide a warning of the dangers of making assumptions in relation to applications for that relief, and show the stringent approach taken by the courts to orders for the protection of confidential information.’

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Littleton Chambers, 29th June 2017

Source: www.littletonchambers.com

Council appeals £150k fine imposed over publication of sensitive data – Local Government Lawyer

‘Basildon Council has confirmed it is to appeal the imposition by the Information Commissioner of a £150,000 monetary penalty for publishing sensitive personal information about a family in planning application documents that were made publicly available online.’

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Local Government Lawyer, 20th June 2017

Source: www.localgovernmentlawyer.co.uk

UK charities fined for data law breaches – BBC News

‘Eleven charities have been fined by the UK’s data watchdog for misusing information about millions of past donors to seek further funds.’

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BBC News, 5th April 2017

Source: www.bbc.co.uk

£2 damages winner faces costs bill for nine-day hearing – Law Society’s Gazette

Posted March 15th, 2017 in costs, damages, data protection, misuse of private information, news by tracey

‘A claimant who secured £2 in nominal damages has been told they face a substantial costs bill for turning down an earlier offer to settle.’

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Law Society’s Gazette, 14th March 2017

Source: www.lawgazette.co.uk

Recent ruling a reminder that journalistic defence can defeat data protection breach claims, says expert – OUT-LAW.com

‘ A ruling by the High Court in London last month highlights the special rules that publishers can rely on under UK data protection law to defeat claims that they have processed personal data unlawfully.’

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OUT-LAW.com, 8th March 2017

Source: www.out-law.com