Privacy Law Cases

Melissa Stock
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In this podcast series UK barrister Melissa Stock analyses cases in the UK and Europe on data protection, privacy and information law. How do the courts approach social media posts? Does a criminal suspect have a right to privacy? When must a company disclose information to a person when it also impacts another person's private life? This series picks out the judgments most relevant to answer these questions and other topics relevant today.

  1. 11/14/2022 • SUBSCRIBERS ONLY

    JQL v NTP: Facebook comments and misuse of private information

    This episode examines the case of JQL v NTP [2020] EWHC 1349 (QB) in the High Court. After a family feud, a comment on a Facebook post revealed information about the Claimant that she had kept private from the majority of her family. Key issues: misuse of private information, breach of confidence in a family context, reference and meaning of a social media post, extent of disclosure, threshold of seriousness for Article 8 and damages. Other cases mentioned: Murray v Express Newspapers Limited [2008] EWCA Civ 446 PJS v News Group Newspapers [2016] AC 1081 Axel Springer v Germany [2012] EMLR 15 Coco v AN Clark (Engineers) Ltd [1969] RPC 41 Attorney General v Guardian Newspapers Ltd (No2) [1990] 1 AC 109 (“Spycatcher case”) Stocker v Stocker [2019] UKSC 17 R(Wood) v Commissioner of Police for the Metropolis [2010] 1 WLR 123 Lloyd v Google [2019] EWCA Civ 1599 Tamil v United Kingdom [2018] EMLR 6 Marsas v New York Times Company [2008] EWHC 3135

    17 min

  2. 11/14/2022 • SUBSCRIBERS ONLY

    Cape Intermediate Holdings v Dring: which documents in civil proceedings can the public access

    In Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38, the Supreme Court examined which documents the public can access from civil litigation under CPR 5.4C. This episode goes through the findings of the courts below and the decision of the Supreme Court. Key issues: access to documents from civil litigation under CPR 5.4C and the court's inherent jurisdiction to order disclosure for the open justice principle. Other cases mentioned: Barings plc v Coopers & Lybrand [2000] 1 WLR 2353 GIO Personal Investment Services Ltd v Liverpool and London Steamship Protection and Indemnity Association Ltd (FAI General Insurance Co Ltd intervening) [1999] 1 WLR 984 R(Guardian News and Media ltd) v City of Westminster Magistrates’ Court (Article 19 intervening)[2012] EWCA Civ 420. Kennedy v Charity Commission (Secretary of State for Justice intervening)[2014] UKSC 20

    13 min

  3. 11/14/2022 • SUBSCRIBERS ONLY

    R(Harry Miller) v the College of Policing: tweets and the police recording of non-crime hate incidents

    This episode analyses the case of R(Miller) v the College of Policing [2021] EWCA Civ 1926, in which the Court of Appeal considered the police guidance on the recording of hate crimes. In this case, the applicant had objected to the police recording his gender-critical tweets as a perception-based hate incident. Key issues: controversial social media comments, the recording of perception-based hate incidents, freedom of speech and the definition of speech as a hate crime. Other cases mentioned: R(Bridges) v Chief Constable of South Wales [2019] EWHC 2341 (Admin) R(A) against the secretary of state for the Home Department [2021] UK SC 37 Handyside v United Kingdom Application No. 5493/72 Altug Tane Akcam v Turkey (2016) 62 EHRR 12

    19 min

  4. 11/14/2022 • SUBSCRIBERS ONLY

    Ittihadieh v 5-11 Cheyne Gardens: data subject access requests

    This episode analyses the case of Ittihadieh v 5-11 Cheyne Gardens & others and Deer v Oxford University [2017] EWCA Civ 121, in which the Court of Appeal considered two cases that involved data subject access requests. The Court addressed some key issues on this topic: the scope of the definition of personal data, the household exemption, the form of response to a SAR, the scope of the search that a controller must undertake in response to a SAR, and the court's discretion to order a controller to comply with a SAR. Other cases mentioned: Durant v Financial Services Authority [2003] EWCA Civ 1746 Edem v The Information commissioner ([2014] EWCA Civ 92) Ezsias v Welsh Ministers [2007] EWHC B15 (QB) Jameel v Dow Jones & Co Inc [2005] EWCA Civ 75 Case C-101/01 Criminal Proceedings against Lindqvist [2004] QB 1014 Case C-212/13 Ryneš v Úřad pro ochranu osobních údajů [2015] 1 WLR 2607

    10 min

  5. 11/14/2022 • SUBSCRIBERS ONLY

    Lonsdale v National Westminster Bank Plc: data subject access and bank account information

    This episode looks at the case of Lonsdale v National Westminster Bank Plc [2018] EWHC 1843 (QB) in the UK High Court. The Claimant wanted to know why his bank accounts had been frozen and sought disclosure of the evidence that supported a suspicious activity report by his bank to the NCA. Key issues: commercial decisions as personal data, applications for inspections. Other cases mentioned: Shah v HSBC Private Bank (U.K.) Ltd [2012] EWHC 1283 (QB) National Crime Agency v Abacha [2016] 1 WLR 4375

    10 min

  6. 11/14/2022 • SUBSCRIBERS ONLY

    Bull v Desporte: autobiographies and the privacy rights of others

    This episode assesses the case of Bull v Desporte [2019] EWHC 1650 (QB) in the UK High Court. Donna Desporte published her autobiography, which mostly focused on her relationship with the Claimant. He brought a misuse of private information and breach of confidence claim against her. Key issues: consent to publication, the Article 8/Article 10 balance and damages in misuse of private information claims. Other cases mentioned: Murray v Express Newspapers Limited [2008] EWCA Civ 446 Gulati and Others v Mirror Group Newspaper [2016] FSR 12 Campbell v MGN Ltd PJS v News Group Newspapers [2016] AC 1081 Mosley v United Kingdom [2012] EMLR 1 Couderc v France [2016] EMLR 19, Murray v Big Pictures [2008] EWCA Civ 446 Dudgeon v U.K. (1981) 4 EHRR 149 Contostavlos v Mendahun [2012] EWHC 850 (QB)

    16 min

  7. 11/12/2022 • SUBSCRIBERS ONLY

    Dawson-Damer v Taylor Wessing LLP: subject access requests and filing systems

    This episode analyses the case of Dawson-Damer v Taylor Wessing LLP [2020] EWCA Civ 352 in the UK Court of Appeal. This case was about a data subject access request. The judgment looked at the issues of the legal privilege exemption and what constituted a 'relevant filing system' for the purposes of data protection law. Other cases mentioned in this episode: Durant and the Financial Services Authority in 2003 ([2003] EWCA Civ 1746) C-25/17 Jehovan todistajat / Tietosuojavaltuutettu, 10 July 2018

    9 min

  8. 11/12/2022 • SUBSCRIBERS ONLY

    Underwood v Bounty UK Ltd, Hampshire Hospitals NHS Foundation Trust: Data harvesting

    This episode assesses the case of Underwood v Bounty UK Ltd and Hampshire Hospitals NHS Foundation Trust [2022] EWHC 888 (QB). A company with a business model that was predominantly based on data harvesting entered into a data sharing agreement with a hospital to collect the personal data of mothers and their children. Key issues: liability for third party acts in data protection and misuse of private information in relation to a data breach. Other cases mentioned in this episode: Murray v Express Newspapers Limited [2008] EWCA Civ 446 Various Claimants v WM Morrisons Supermarket plc [2018] EMLR 3113 (QB) Warren v DSG Retail Ltd [2021] EMLR 25

    11 min
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About

In this podcast series UK barrister Melissa Stock analyses cases in the UK and Europe on data protection, privacy and information law. How do the courts approach social media posts? Does a criminal suspect have a right to privacy? When must a company disclose information to a person when it also impacts another person's private life? This series picks out the judgments most relevant to answer these questions and other topics relevant today.

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  • Creator
    Melissa Stock
  • Years Active
    2K
  • Episodes
    14
  • Copyright
    © Melissa Stock
  • Provider
    Melissa Gamage