Monthly Archives: May 2016

Iain Wilson on Radio 5 Live discussing Twitter trolls

Brett Wilson LLP partner Iain Wilson has been interviewed on BBC Radio 5 Live’s Drive Time show.  Mr Wilson was asked to take part in the show to provide an expert’s view on the law relating to offensive and threatening tweets.

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Zoo refused gagging injunction against animal cruelty charity

In Heythrop Zoological Gardens Ltd (T/A Amazing Animals) & Anor V Captive Animals Protection Society EWHC/IPEC (20 May 2016), a company that supplies animals to the TV and film industry was refused an interim injunction to prevent an animal protection charity publishing photographs and video clips taken on their premises.

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The ‘Right to be Forgotten’: the scope of delisting

It is now just over two years since the Court of Justice of the European Union first ruled that Google was a data processor and that the principles of EU Directive 95/46/EC (‘the Data Protection Directive’), and the various national legislation that implement them, applied to its search results.  The specific right to have search results which are in breach of data protection principles removed or ‘de-listed’ was coined the ‘right to be forgotten’ (see the judgement and our blog piece from May 2014).  From June 2014, Google implemented a system whereby people, or their legal representatives, could make requests for removal of specified results retrieved on searches of their name, and Google would consider whether the search results complained of were, in its view, likely to be compliant with the data protection principles.  Where they acceded to a request, the search results would be delisted from searches made for that person on Google’s European domains e.g. Google.co.uk, Google.fr, Google.de etc.  In November 2014, an EU Working Party set up under Article 29 of Directive 95/46/EC published guidelines which suggested this approach by Google was insufficient as it did not ‘guarantee the effective and complete protection of [data protection] rights’  and that the law could be ‘easily circumvented’ by the use of non-EU domains, including, most significantly, Google.com.  Google nevertheless declined to widen the scope of its delisting.  At the same time, various individuals across the EU lodged complaints about Google with their respective data regulators.  Such complainants included people whose requests had been acceded to by Google, but whom were unhappy that the scope of the filtering did not extend to non-EU domains.  On 21 May 2015, the French regulator, Commission Nationale de l’Informatique et des Libertés (‘CNIL), issued an enforcement notice against Google requiring it to extend delisting to all its domains within 15 days.  Google requested time to consider its position, and, having unsuccessfully sought to have the notice rescinded, ultimately failed to comply.  CNIL therefore issued proceedings against Google, and a hearing was listed before its Restricted Committee.  In October 2015, the UK regulator, the Information Commissioner’s Office (‘ICO’) followed suit, amending an existing enforcement notice against Google to include a request that search results be delisted from all versions of Google directly accessible from within the UK (note this demand was worded more narrowly than that made by CNIL).  Google appealed against the enforcement notice, and therefore the matter was listed for a hearing before the Information Tribunal.

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Data protection: NHS Trust fined £180,000 for HIV data leak in breach of medical confidence case

Chelsea and Westminster Hospital NHS Foundation Trust has been fined £180,000 by the Information Commissioner’s Office (ICO) as a result of a serious data breach by the 56 Dean Street sexual health clinic in which hundreds of patients’ HIV status were inadvertently disclosed in an emailed newsletter.

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Supreme Court rules celebrity threesome privacy injunction to stay in force

In the long-running saga of PJS v News Group Newspapers Ltd [2016] UKSC 26 the Supreme Court has ruled by 4-1 in favour of maintaining a privacy injunction through until trial.  The injunction was originally granted by the Court of Appeal on 22 January 2016.  It prevents the publication of a story concerning an anonymous celebrity said to have engaged in an extra-marital ‘threesome’.  Following the identification of the Claimant and their spouse in other jurisdictions and on social media, the Defendant New Group Newspapers Ltd (the publishers of The Sun) applied to have the injunction discharged. On 18 April 2016 the Court of Appeal agreed, but stayed execution of the order pending an appeal to the Supreme Court.

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