The defendant employer had had confidential information of many of its staff taken and disclosed by a rogue employee. The employees now sought compensation. The main issue was whether the company was directly or vicariously liable for the tort. Held: The company were not directly liable, but were liable vicariously: ‘Adopting the broad and evaluative … Continue reading Various Claimants v WM Morrisons Supermarket Plc: QBD 1 Dec 2017
The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic. Held: The claimant had courted publicity, and denied an involvement in drugs. The defence of qualified privilege in defamation is not to be equated with the rules in privacy cases. The … Continue reading Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002
The complaint requested a copy of a letter from the European Commission to the UK government regarding alleged deficiencies in the implementation of Directive 95/46/EC by the UK. He also requested a copy of the UK government’s response to that letter. Although the complainant put forward compelling arguments in favour of disclosure of the requested … Continue reading Department for Constitutional Affairs (Decision Notice): ICO 18 Sep 2006
The claimants, producers of pornographic films, sought disclosure by the defendant internet service provider of certain internet protocol addresses, wishing to pursue those it said had wrongfully downloaded their films. The court was asked first whether the transfer of such information would mean that the claimants would become ‘data controllers’ Held: Such an order would … Continue reading Mircom International Content Management and Consulting Ltd and Others v Virgin Media Ltd and Another: ChD 16 Jul 2019
ECJ Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Protection of private life – Disclosure of data on the income of employees of bodies subject to control by the RechnungshofAustrian law required public bodies subject to control by the Court of Auditors to report to it the names, … Continue reading Rechnungshof v Osterreichischer Rundfunk and others: ECJ 20 May 2003
ECJ (Grand Chamber) Protection of natural persons with regard to the processing of personal data – Publication of information on beneficiaries of agricultural aid – Validity of the provisions of European Union law providing for that publication and laying down detailed rules for such publication – Charter of Fundamental Rights of the European Union – … Continue reading Volker Und Markus Schecke v Land Hessen (Approximation Of Laws): ECJ 9 Nov 2010
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:  QB 344,  EWHC 67 (QB) (Rev 3 Links: Bailii Statutes: Contempt of Court Act 1981 … Continue reading NT1 v Google Llc: QBD 18 Jan 2018
(Order) Protection of individuals with regard to the processing of personal data – Air transport – Decision 2004/496/EC – Agreement between the European Community and the United States of America – Passenger Name Records of air passengers transferred to the United States Bureau of Customs and Border Protection – Directive 95/46/EC – Article 25 – … Continue reading Parliament v Commission: ECJ 17 Mar 2005
Protection of individuals with regard to the processing of personal data Directive 95/46/EC – Respect for private life – Erasure of data – Right of access to data and to information on the recipients of data – Time limit on the exercise of the right to access A. Rosas, P  EUECJ C-553/07, C-553/07 Bailii … Continue reading College van burgemeester en wethouders van Rotterdam v M.E.E. Rijkeboer: ECJ 7 May 2009
ECJ Directive 95/46/EC Scope – Processing and flow of tax data of a personal nature – Protection of natural persons – Freedom of expression  All ER (EC) 213,  ECR I-9831,  EUECJ C-73/07 Bailii Directive 95/46/EC European Citing: Opinion – Tietosuojavaltuutettu v Satakunnan Markkinaporssi and Satamedia (Approximation Of Laws) ECJ 8-May-2008 ECJ Directive … Continue reading Tietosuojavaltuutettu v Satakunnan Markkinaporssi and Satamedia (Approximation Of Laws): ECJ 16 Dec 2008
Internet Search Engine – Name Removal ECJ Grand Chamber – Personal data – Protection of individuals with regard to the processing of such data – Directive 95/46/EC – Articles 2, 4, 12 and 14 – Material and territorial scope – Internet search engines – Processing of data contained on websites – Searching for, indexing and … Continue reading Google Spain Sl v Agencia Espanola De Proteccion De Datos (AEPD), Gonzalez: ECJ 13 May 2014
ECJ Grand Chamber – Trade marks – Internet – Offer for sale, on an online marketplace targeted at consumers in the European Union, of trade-marked goods intended, by the proprietor, for sale in third States – Removal of the packaging of the goods – Directive 89/104/EEC – Regulation (EC) No 40/94 – Liability of the … Continue reading L’Oreal SA, Lancome parfums et beaute and Cie, Laboratoire Garnier and Cie, L’Oreal (UK) Limited v eBay International AG, eBay Europe SARL, eBay (UK) Limited: ECJ 12 Jul 2011
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
Over-regulation of storage of personal data ECJ (Judgment) Reference for a preliminary ruling – Processing of personal data – Directive 95/46/EC – Article 2(a) – Article 7(f) – Definition of ‘personal data’ – Internet protocol addresses – Storage of data by an online media services provider – National legislation not permitting the legitimate interest pursued … Continue reading Breyer v Bundesrepublik Deutschland: ECJ 19 Oct 2016
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
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
Door to Door preaching notes were data Protection of Individuals With Regard To The Collecting and Processing of Personal Data – Door-To-Door Preaching – Judgment – Reference for a preliminary ruling – Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Scope of the directive – Article 3 – … Continue reading Jehovan Todistajat (Jehovah’s Witnesses Religious Community): ECJ 10 Jul 2018
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in breach of this condition. The Court considered whether it was appropriate to protect the … Continue reading The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012
The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law. Held: The following questions were referred to the CJEU: (1) Did the CJEU in Digital Rights Ireland intend to lay down mandatory requirements of EU law with which the national legislation of Member States must … Continue reading Secretary of State for The Home Department v Davis MP and Others: CA 20 Nov 2015
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
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
The claimant had successfully pursued action against a newpaper’s publication of a film of him engaging in sex with prostitutes, but others had retained copies of the film on-line. He now pursued an action against the search engine to oblige them to exclude such unauthorised films from their results. The defendant accepted that it operated … Continue reading Mosley v Google Inc and Another: QBD 15 Jan 2015
Personal Data – Protection of Natural Persons With Respect To The Processing of That Data – Deactivate A Facebook Page – Judgment – Reference for a preliminary ruling – Directive 95/46/EC – Personal data – Protection of natural persons with respect . .
ECJ Opinion – Information Society – Intellectual property rights – Directive 2004/48/EC – Copyright and related rights – Directive 2001/29/EC – Illegal downloading on the Internet – Peer to peer through software . .
The complainant requested a copy of a letter received by the UK government and copied to the Commissioner regarding alleged deficiencies in the implementation of Directive 95/46/EC by the UK. Although the Commissioner accepts that in some respects . .
ECJ Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Conditions for exercising a right of access – Levying of excessive fees . .
Where information was given by a patient to the pharmacist, and he took the data, stripping out any possibility of the individual being identified, the duty of confidence which attached to the prescription was not breached by the passing on of the reduced quantity information to a third party who wished to provide a statistical … Continue reading Regina v Department of Health, Ex Parte Source Informatics Ltd: CA 21 Dec 1999