Tag: Data Protection
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David Erdos: Vince v Associated Newspapers: Have UK Data Protection’s Journalism Provisions Come of Age?
In Vince v Associated Newspapers [2026] EWCA Civ 899, the Court of Appeal held that an unfair processing compensation claim under data protection law provided redress against the seriously misleading publication of a juxtaposed headline and captioned photographs, even though this claim had not been raised in initial proceedings and redress was ruled out in…
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David Erdos: Lost in Inaction? The Statutory Reports on Media Alternative Dispute Resolution (ADR)
Editors’ note: This post was originally published on 12 February 2025 Section 179 of the Data Protection Act (DPA) 2018 places the Secretary of State under a duty to ensure that a Report is “la[id] before Parliament” on both the “use” and “effectiveness” of “relevant alternative dispute resolution procedures” in cases involving actual or alleged failures by media organisations, other than broadcasters, “to comply with…
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Ioannis Kouvakas: You Can’t Have Your Apple and Eat It Too: Decryption Orders and the Perilous Future of U.K. Data Adequacy
Earlier last month, The Washington Post reported that Apple, a technology company known for emphasizing privacy as one of its key selling points, had been ordered by the U.K. government to create a back door that would enable the retrieval of all content uploaded by any Apple user worldwide to iCloud. iCloud is a cloud storage service that…
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David Erdos: Leave to Remain? Data Protection’s ‘Immigration Exemption’ Returns to Court
With both the Illegal Migration Bill and the Data Protection and Digital Information (No. 2) Bill currently before Parliament, it is clear that both immigration control and data protection are high on the UK political agenda. Both areas have also been prominent before the courts. Moreover, litigation by the Open Rights Group and the The3million…
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Bethany Shiner: How Does the Data Protection Act 2018 Empower the Information Commissioner to Tackle the Misuse of Personal Data in Political Campaigns?
Introduction Following on from an earlier piece on this blog which highlighted some of the gaps in the legal framework relating to the use of personal data for political purposes in campaign material, this will consider whether the Data Protection Act 2018, which implements the General Data Protection Regulations (GDPR), provides the regulator with enough…
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Bethany Shiner: Just the Politics of Persuasion: Are Gaps in Regulation Affecting Political Campaigning Methods?
Introduction The chair of the Electoral Commission recently warned that British elections face a ‘perfect storm’ of threats to their integrity from developments in social media and political advertising, and third-party state actors. Such assessments, supported by allegations about the UK-EU referendum and the 2017 general election campaigns, call into question the effectiveness of the…
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Oliver Butler: The Data Protection Bill and Public Authority Powers to Process Personal Data: Resurrecting Clause 152 of the Coroners and Justice Bill 2009?
The Data Protection Bill currently before Parliament substantially resurrects the controversial clause 152 of the Coroners and Justice Bill 2009. Careful scrutiny of this provision is needed and it must not be lost in the legislative morass as the UK grapples with data protection reform. On 13th September 2017, the Data Protection Bill received its…
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Thomas Raine: The CJEU and Data Retention: A Critical Take on the Watson Case
In Joined Cases C-203/15 and C-698/15 Secretary of State for the Home Department v Watson, the Court of Justice of the European Union (CJEU) provided further details about the requirements of EU law for the retention of communications data. The Swedish Administrative Court of Appeal and the Court of Appeal of England and Wales asked…
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Christina Eckes and Vigjilenca Abazi: Safe Harbour Case: Safeguarding European Fundamental Rights or Creating a Patchwork of National Data Protection?
On Tuesday, the Grand Chamber of the Court of Justice of the European Union declared the Commission’s US Safe Harbour Decision invalid. The Court’s ruling in Case C-362/14 of the Austrian Internet activist Maximillian Schrems v the Irish Data Protection Commissioner is a milestone in the protection of European fundamental rights, but it also preserves…
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Paul Bernal: Privacy, Surveillance and Brexit….
An Englishman’s home is his castle, so the old saying goes, and it might be thought that the implication is that the English place a special importance on privacy. The reverse, however, seems to be the case, when the law is considered – for much of the law that provides protection for our privacy, particularly…