Legal Professional Privilege for Prisoners – The Bar Council

‘Justice Minister Andrew Selous MP has explained the authorisation process for listening in to communications between lawyers and clients in prisons. The parliamentary written answer, published yesterday, suggests that the prison service effectively self-authorises breaches of legal professional privilege (LPP).’

Full press release

The Bar Council, 13th January 2016

Source: www.barcouncil.org.uk

Surveillance of Internet usage in the workplace – UK Human Rights Blog

Posted January 15th, 2016 in dismissal, electronic mail, employment, human rights, internet, news, privacy by sally

‘In December 2015, the European Court of Human Rights, by 6 votes to 1, dismissed a Romanian national’s appeal against his employer’s decision to terminate his contract for using a professional Yahoo Messenger account to send personal messages to his fiancé and brother.’

Full story

UK Human Rights Blog, 14th January 2015

Source: www.ukhumanrightsblog.com

Private messages at work can be read by European employers – BBC News

Posted January 14th, 2016 in electronic mail, employment, human rights, interception, news, privacy by sally

‘Employers can read workers’ private messages sent via chat software and webmail accounts during working hours, judges have ruled.’

Full story

BBC News, 13th January 2016

Source: www.bbc.co.uk

Theresa May faces scrutiny over snooper’s charter implications – The Guardian

Posted January 13th, 2016 in bills, internet, investigatory powers, news, parliament, privacy, telecommunications by sally

‘MPs and peers are to challenge the home secretary, Theresa May, on the privacy implications and detailed operation of her snooper’s charter legislation when she appears before the bill’s parliamentary scrutiny committee.’

Full story

The Guardian, 13th January 2016

Source: www.guardian.co.uk

Privacy watchdog attacks snooper’s charter over encryption – The Guardian

‘The information commissioner’s office has heavily criticised the draft Investigatory Powers bill for attacking individuals’ privacy, particularly in relation to the apparent requirement on communication providers to weaken or break their data encryption at the government’s request.’

Full story

The Guardian, 12th January 2016

Source: www.guardian.co.uk

Use and value of ‘internet connection records’ will indicate whether their retention is justified, says watchdog – OUT-LAW.com

Posted January 12th, 2016 in bills, internet, news, privacy, telecommunications by sally

‘The use and value of ‘internet connection records’ (ICRs) in helping detect, prevent and investigate serious crime and terrorism should be assessed to help decide whether providers should be forced to collect the data, the UK’s information commissioner has said.’

Full story

OUT-LAW.com, 11th January 2016

Source: www.out-law.com

Publisher of The Daily Telegraph fined £30,000 for general election email campaign – RPC Data and Privacy Law

Posted January 4th, 2016 in elections, electronic mail, fines, media, news, privacy by sally

‘On 15 December 2015 the Information Commissioner’s Office (ICO) issued Telegraph Media Group Limited (the Telegraph) with a Monetary Penalty Notice (see here) under section 55A of the Data Protection Act 1998 (DPA 1998) following a “serious contravention” of Regulation 22 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003).’

Full story

RPC Data and Privacy Law, 30th December 2015

Source: www.rpc.co.uk

Phone Hacking and the Level of Damages – Panopticon

Posted December 21st, 2015 in damages, interception, media, news, privacy by sally

‘It is panto season, and everyone loves a good villain. This Christmas’ Wicked Stepmother is the Mirror Group who, when asking ‘Mirror, Mirror on the wall, who is the most liable of them all?’ has received the answer from the Court of Appeal that they are and must pay the consequences.’

Full story

Panopticon, 17th December 2015

Source: www.panopticonblog.com

‘Plebgate’ and the protection of journalistic sources – Panopticon

Posted December 18th, 2015 in damages, interception, investigatory powers, media, news, police, privacy by tracey

‘It has been a mixed day for the media’s entanglements with the judiciary. Chris Knight posted earlier today about the unhappy outcome for Mirror Group Newspapers before the Court of Appeal in the Gulati privacy damages litigation arising from phone-hacking. News Group Newspapers, however – together with Sun journalist claims Tom Newton Dunn, Anthony France and Craig Woodehouse – had a happier outcome in another case about telephone privacy, though this time with the media as victim rather than perpetrator of the interference.’

Full story

Panopticon, 17th December 2015

Source: www.panopticonblog.com

Phone hacking: 10 years of resignations, cover-ups and convictions – The Guardian

‘It began in December 2005 when the Metropolitan police started an investigation into the hacking of Prince William’s phone and has ended exactly 10 years later. In the intervening period, hundreds lost their jobs and many more reputations were both shredded and made, mainly on the legal benches.’

Full story

The Guardian, 11th December 2015

Source: www.guardian.co.uk

That’s Entertainment? The Anonymity of Arrestees and the Law – Doughty Street

‘Last week, The Mirror reported that John Leslie was being questioned by police in connection with an alleged sexual assault. The report contained photographs of the police with evidence bags outside Leslie’s house. The Mirror reminded its readers of allegations made against the former TV presenter in 2002 and 2008. This the most recent example of media reports concerning allegations of sexual offences involving public figures.’

Full story

Doughty Street, 2nd December 2015

Source: www.doughtystreet.co.uk

David Miranda in fresh challenge over Heathrow detention – The Guardian

‘David Miranda, the partner of the former Guardian journalist Glenn Greenwald, has launched a fresh appeal challenging the legality of his detention under counter-terrorism powers for nine hours at Heathrow airport in 2013.’

Full story

The Guardian, 8th December 2015

Source: www.guardian.co.uk

High Court: no litigation privilege for recordings of meetings where witnesses “deliberately deceived” – Litigation Futures

Posted December 8th, 2015 in news, privacy, privilege, witnesses by sally

‘A Manchester-based property developer cannot claim litigation privilege for secret recordings of meetings where witnesses were “deliberately deceived”, the High Court has ruled.’

Full story

Litigation Futures, 8th December 2015

Source: www.litigationfutures.com

Serbian Forum Shopper in Breach of his Duty of Full and Frank Disclosure has his Privacy and Libel Action Struck Out – RPC Data and Privacy Law

‘On 23 November 2015 Sir Michael Tugendhat set aside an order for service out of the jurisdiction of proceedings for the misuse of private information and libel which had been made by Master Roberts on 31 March 2015 in respect of an article in Politika, a Serbian language newspaper circulating in Serbia and neighbouring countries in hard copy and available in this country only on the internet. Sir Michael held that the Claimant was in breach of his duty of full and frank disclosure and the case is a significant reminder of the duty of candour that rests upon a claimant when seeking permission to serve outside the jurisdiction under CPR 6.36 and of the perils of over-enthusiastic attempts to squeeze foreign claims into this jurisdiction. The case is also important on the question of how section 9(2) Defamation Act 2013 requiring evidence that England and Wales is “clearly the most appropriate place in which to bring an action in respect of the statement” is to be interpreted and the burden it places on a Claimant which the judge decided had not been discharged in this case.’

Full story

RPC Data and Privacy Law, 7th December 2015

Source: www.rpc.co.uk

E-Privacy Goes Mobile – Panopticon

Posted December 3rd, 2015 in conspiracy, injunctions, internet, news, privacy, regulations, telecommunications by tracey

‘Although most readers of this blog will be familiar, to some extent, with the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”), they are a rarely sighted beast in the reported jurisprudence. Panopticon is aware of individual damages claims brought in the County Courts for small sums, but even they are few and far between.’

Full story

Panopticon, 2nd December 2015

Source: www.panopticonblog.com

FCA launches investigation into insurance companies which ‘snoop’ on customers – Daily Telegraph

Posted November 25th, 2015 in consumer protection, inquiries, insurance, internet, news, ombudsmen, privacy by sally

‘The regulatory body said insurers are going to great lengths to harvest personal data.’

Full story

Daily Telegraph, 25th November 2015

Source: www.telegraph.co.uk

Expectations of privacy abroad – Panopticon

Posted November 24th, 2015 in appeals, children, foreign jurisdictions, injunctions, news, photography, privacy by sally

‘As all celebrities know, to get the High Court to stop paparazzi pictures of you from being published, the first thing you have to do is show you had a reasonable expectation of privacy. But what if you were snapped outside of the jurisdiction and whilst English law principles suggest that you did have such an expectation, the local law where the photographs were taken says you do not?’

Full story

Panopticon, 23rd November 2015

Source: www.panopticonblog.com

The Only Way is Ethics: Whose media laws should a British journo follow? – The Independent

Posted November 23rd, 2015 in codes of practice, France, freedom of expression, internet, media, news, privacy, terrorism by sally

‘It is a ghastly truth that newspapers come into their own when something terrible has happened. The horrors witnessed in Paris just over a week ago resulted in some excellent reporting and analysis. There have been some exceptions – though, given the confused nature of the situation, that is perhaps inevitable.’

Full story

The Independent, 22nd November 2015

Source: www.independent.co.uk

Suing Facebook is no easy matter – UK Human Rights Blog

Posted November 10th, 2015 in appeals, defamation, EC law, human rights, internet, news, privacy by sally

‘An action in defamation and under the right to privacy against Facebook has been dismissed in the High Court. The Facebook entity named as defendant did not “control” the publication so as to allow liability; and even if it did, no claim under the Human Rights Act could lie against FB as it could not be described as any sort of a public authority for the purposes of Section 6 of the Act.’

Full story

UK Human Rights Blog, 9th November 2015

Source: www.ukhumanrightsblog.com

CPS fine sparks call for data protection rethink – Law Society’s Gazette

‘Data protection arrangements should be reviewed in the modern world of social media and cybercrime, a specialist solicitor has said, after it emerged the Crown Prosecution Service delivered unencrypted DVDs to a film studio for 12 years.’

Full story

Law Society’s Gazette, 9th November 2015

Source: www.lawgazette.co.uk