An application was made at this pre-trial review, by the claimants in two actions, where they had already obtained orders to preserve their anonymity, for orders protecting that anonymity under the defendant’s search engine. Judges: Nicklin J Citations: [2019] QB 344, [2018] EWHC 67 (QB) (Rev 3 Links: Bailii Statutes: Contempt of Court Act 1981 … Continue reading NT1 v Google Llc: QBD 18 Jan 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
Judges: Mrs Justice Steyn Citations: [2020] EWHC 1011 (QB) Links: Bailii Statutes: General Data Protection Regulation 2018 Jurisdiction: England and Wales Information Updated: 22 November 2022; Ref: scu.650201
The complainant initially requested information relating to the change of the ICO’s privacy notice following the introduction of the General Data Protection Regulations (GDPR) in May 2018. The Commissioner’s decision is that ICO (‘the ICO’) failed to respond to a number of requests within 20 working days and has therefore breached section 10 of the … Continue reading Information Commissioner’s Office (Other): ICO 11 Sep 2019
The complainant made a request for information relating how DVLA processes personal information, and how that processing complies with the General Data Protection Regulations and the Data Protection Act 2018, how much the ICO has spent on legal fees and the ICO audit of the DVLA from 2016. The ICO has refused to comply with … Continue reading Information Commissioner’s Office (Other): ICO 8 Dec 2021
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
This appeal is concerned with the lawfulness of statutory restrictions on data protection rights, in the context of immigration. By paragraph 4 of Schedule 2 to the Data Protection Act 2018 (‘DPA 2018’) Parliament enacted ‘the Immigration Exemption’. This disapplies some data protection rights where their application would be likely to prejudice immigration control. Judges: … Continue reading The Open Rights Group and Another, Regina (on The Application of) v The Secretary of State for The Home Department and Another: CA 26 May 2021
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. In OBG, the defendants acted as receivers under an invalid charge, and were accused of unlawful interference … Continue reading Douglas and others v Hello! Ltd and others; similar: HL 2 May 2007
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations contained the entire regime. Held: Criminal conduct at common law or by statute can constitute unlawful means … Continue reading Total Network Sl v Revenue and Customs: HL 12 Mar 2008
Mrs Lindqvist had set up an internet site for her local parish containing information about some of her colleagues in the parish. She gave names, jobs, hobbies and in one case some of the person’s employment and medical details. The Court decided that she had processed the personal data of her colleagues. Questions were referred … Continue reading Criminal proceedings against Lindqvist: ECJ 6 Nov 2003
This is a law website. Visitors will not be afraid of the actual source legal materials referred to here. This page provides a limited range of such materials. The full General Data Protection Regulations themselves are located at Europa A more user friendly (perhaps) version is available at GENERAL DATA PROTECTION REGULATION (GDPR) The GDPR … Continue reading GDPR – Resources
