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Lin and Another v Commissioner of Police for The Metropolis: QBD 25 Aug 2015

The claimants were facing capital charges in Thailand. They sought the release of information held by the defendant to assist in their defence on charges of the murder of two British tourists. In particular a report had been prepared by the MPS about the investigation in Thailand after doubts about the investigation. The MPS aid … Continue reading Lin and Another v Commissioner of Police for The Metropolis: QBD 25 Aug 2015

Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD) Gonzalez: ECJ 25 Jun 2013

Right to be forgotten by Search Engine ECJ Opinion – World Wide Web – Personal data – Internet search engine – Data Protection Directive 95/46 – Interpretation of Articles 2(b) and 2(d), 4(1)(a) and 4(1)(c), 12(b) and 14(a) – Territorial scope of application – Concept of an establishment on the territory of a Member State … Continue reading Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD) Gonzalez: ECJ 25 Jun 2013

Schrems v Data Protection Commissioner, Digital Rights Ireland Ltd: ECJ 6 Oct 2015

ECJ Grand Chamber – Judgment – Reference for a preliminary ruling – Personal data – Protection of individuals with regard to the processing of such data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Directive 95/46/EC – Articles 25 and 28 – Transfer of personal data to … Continue reading Schrems v Data Protection Commissioner, Digital Rights Ireland Ltd: ECJ 6 Oct 2015

Institut Professionnel Des Agents Immobiliers v Geoffrey Englebert: ECJ 7 Nov 2013

ECJ Processing of personal data – Directive 95/46/EC – Articles 10 and 11 – Obligation to inform – Article 13(1)(d) and (g) – Exceptions – Scope of exceptions – Private detectives acting for the supervisory body of a regulated profession – Directive 2002/58/EC – Article 15(1) Judges: M. Ilesic, P Citations: C-473/12, [2013] EUECJ C-473/12 … Continue reading Institut Professionnel Des Agents Immobiliers v Geoffrey Englebert: ECJ 7 Nov 2013

Stunt v Associated Newspapers Ltd: QBD 6 Apr 2017

The Court was asked whether section 32(4) of the Act, which provides in certain circumstances for an automatic stay of proceedings in respect of journalistic materials (amongst others), is incompatible with EU law. Held: The sub section forms an important part of the protection of the rights of freedom of expression. A greater need is … Continue reading Stunt v Associated Newspapers Ltd: QBD 6 Apr 2017

Willems v Burgemeester van Nuth; similar: ECJ 16 Apr 2015

EJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Biometric passport – Biometric data – Regulation (EC) No 2252/2004 – Article 1(3) – Article 4(3) – Use of data collected for purposes other than the issue of passports and travel documents – Establishment and use of databases containing … Continue reading Willems v Burgemeester van Nuth; similar: ECJ 16 Apr 2015

South Lanarkshire Council v The Scottish Information Commissioner: SC 29 Jul 2013

Commissioner’s Approach not in Breach In May 2010, a Mr Irvine made requests under the 2002 Act for information from South Lanarkshire Council. He wanted to know how many of their employees in a particular post were placed at 10 particular points on the Council’s pay scales. His underlying purpose was to find out whether … Continue reading South Lanarkshire Council v The Scottish Information Commissioner: SC 29 Jul 2013

Google Inc v Vidal-Hall and Others: CA 27 Mar 2015

Damages for breach of Data Protection The claimants sought damages alleging that Google had, without their consent, collected personal data about them, which was resold to advertisers. They used the Safari Internet browser on Apple products. The tracking and collation of the claimants’ browser generated information was contrary to the defendant’s publicly stated position that … Continue reading Google Inc v Vidal-Hall and Others: CA 27 Mar 2015

Common Services Agency v Scottish Information Commissioner: HL 9 Jul 2008

An MP had asked the Agency under the 2002 Act for details of all incidents of childhood leukaemia for both sexes by year from 1990 to 2003 for all the DG (Dumfries and Galloway) postal area by census ward. The Agency replied by saying that the release of the information would put at risk the … Continue reading Common Services Agency v Scottish Information Commissioner: HL 9 Jul 2008

NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018

Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018