NIPC Law

By Skyring at the English language Wikipedia, CC BY-SA 3.0,  https://commons.wikimedia.org/w/index.php?curid=6852664 Jane Lambert Chancery Division (Mr Justice Warby) Duchess of Sussex v Associated Newspapers Ltd ( Rev 1) [2020] EWHC 2160 (Ch) (5 Aug 2020) This was an application by the claimant for an order to restrain the publisher of the Daily Mail and The Mail on Sunday from using information that she had supplied in response to a request for further information under CPR Part 18 about the identity of individuals who had provided information on the claimant in confidence to the US magazine The People  for any purpose other than the defence of a claim that had been brought against it for misuse of personal information, infringement of copyright and breach of the General Data Protection Regulation. The application came on before Mr Justice Warby on 29 July 2020 and he handed down judgment in  Duchess of Sussex v Associated Newspapers Ltd ( Rev ...

Basher Eyre /  Junction of Fetter Lane and Rolls Buildings  /  CC BY-SA 2.0 Jane Lambert Chancery Division (Mr Justice Warby)  Duchess of Sussex v Associated Newspapers Ltd (Rev 1) [2020] EWHC 1058 (Ch) (1 May 2020) This was an application by the publisher of the Mail on Sunday  and the Mail Online  to strike out certain allegations contained in the particulars of claim and further information of the Duchess of Sussex  and later the reply  in an action that she has brought against the publisher for copyright infringement, misuse of private information and infringement of her rights under the General Data Protection Regulation .  The complaint arises from the newspaper's publication of a letter from the duchess to her father on 10 Feb 2019. Nature of the Application It is important to understand from the outset that this was a procedural application and that no decision has been made on the merits of the Duchess o...

Fibre Optic Cable Author Bidgee Licence Creative Commons Attribution Share Alike 2.4 Australia Source Wikipedia Jane Lambert It is well known that the General Data Protection Regulation ("GDPR") came into force throughout the European Union on 25 May 2018.  What is less well known is that a new Data Protection Act 2018  came into force in the UK on the same day.  The Act complements the GDPR in that it repeals the Data Protection Act 1998 which had transposed the Data Protection Directive into English and Welsh, Scottish and Northern Irish law.  The GDPR repealed the Directive but not member states' implementing legislation,  The 2018 Act also provides machinery for the enforcement of the GDPR and regulates personal data processing that falls outside the scope of the Regulation. Where to find out more about the Act I publish most of my articles on data protection in a separate blog called NIPC Data Protection .  NIPC Data Prot...

Jane Lambert The phrase, "the right to be forgotten", was coined by the Audiencia Nacional  (the Spanish high court) in its questions to the Court of Justice of the European Union ("CJEU") pursuant to art 267 of the Treaty on the Functioning of the European Union in Case C‑131/12 Mario Costeja Gonzalez v Google Spain SL and another   [2014] 2 All ER (Comm) 301, [2014] All ER (EC) 717, [2014] 1 QB 1022, [2014] 3 CMLR 50, [2014] ECDR 16, 36 BHRC 589, ECLI:EU:C:2014:317, [2014] EMLR 27, EU:C:2014:317, [2014] 3 WLR 659, [2014] EUECJ C-131/12, [2014] QB 1022. In that case the Audiencia Nacional asked the CJEU "whether Article 2(b) of Directive 95/46 i s to be interpreted as meaning that the activity of a search engine as a provider of content which consists in finding information published or placed on the internet by third parties, indexing it automatically, storing it temporarily and, finally, making it available to internet users according to a p...

Jane Lambert These are the slides for a talk that I gave last week on the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council  of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) ("the GDPR") . Why the GDPR is important The regulation will come into force simultaneously in all 28 member states of the European Union including the United Kingdom on the 25 May 2018. It will repeal the Data Protection Directive (Directive 95/46/EU) which was transposed into English and Welsh as well as Scottish and Northern Irish law by the Data Protection Act 1998 .  Although the GDPR will eventually cease to be part of our law either when we leave the EU on 29 March 2019 or at the end of any transition or implementation period that may come into effect immediately after our exit, its p...

Standard YouTube Licence Jane Lambert The reaction of Brenda from Bristol to Mrs May's announcement of a snap election earlier this year made her an internet star.   There was a similar reaction to the government's introduction of a new Data Protection Bill last week and one can understand why.  Three statutes, one Council regulation and a directive in a little over 30 years for the processing of personal data is quite a lot of legislation - especially for an activity that the United States leaves largely unregulated. The Younger Report  Towards the end of the 1960s and the beginning of the 1970s, concern was expressed in a number of countries about the power of computers to gather, collate and disseminate personal information. In the UK, such concerns were referred to a committee chaired by Sir Kenneth Younger  that had been appointed to consider privacy.  In its report - the Younger Committee Report on Privacy 1972 (Cmnd 5012) - the committee found no...