Citation: Article 8 and the “outside world”: privacy, reputation and employment – Hugh Tomlinson QC

An excellent and highly insightful piece written by Hugh Tomlinson QC on the application of the Article 8 right to privacy and a reconciliation with domestic law.

Inforrm's Blog

The Article 8 right to respect for private life has many facets and has often seemed in danger of uncontrolled expansion.  The Court of Human Rights has often noted that private life is “not susceptible to exhaustive definition”, embracing “multiple aspects of the person’s physical and social identity”. 

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Top 10 Defamation Cases of 2018: a selection – Suneet Sharma

A recent piece considering the most significant defamation cases over the previous year. Thanks goes to the INFORRM blog for their assistance.

Inforrm's Blog

Inforrm reported on a large number of defamation cases from around the world in 2018.  Following the widely read post on 2017 cases, this is my selection of the most legally and factually interesting cases from Australia, New Zealand, Canada, United States and England from the past year. 

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Citation: Drone hysteria and the serial privacy invaders of the British Press – Hugh Tomlinson QC

An excellent post from the INFORRM Blog’s Hugh Tomlinson QC analysing the Gatwick incident involving drone use and the privacy issues arising from press reporting and investigations by the Sussex Police.

Inforrm's Blog

The news last week was dominated by the “Gatwick drones” with the country’s second busiest airport being closed three times in three days and 140,000 passengers being stranded.  On Friday 21 December 2018 a local couple were arrestedfollowing a tip off“. 

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A brief introduction to the concept of privacy under English law – Part III

For context please see Part’s I and II of our analysis.

Eraser Picture

From the hallmark case of Campbell and the development of breach of privacy as an action, it is clear that the integration of privacy as a concept in English law is still in its formative years. In Part III we consider some of the significant cases post-Campbell to date, bringing into relief key issues and developments in privacy law, many of which are ongoing or merit further consideration by the courts. In particular, the broad nature of an individual’s reasonable expectation of privacy becomes clear (covering issues of children’s privacy and biometric data retention) and the degree to which this can be qualified against other rights is explored.

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Citation: Mooting the reformation of Canadian privacy laws

We would like to refer readers to an excellent article from the blog of Michael Geist an authoritative academic from the University of Ottowa, tackling privacy law issues in Canada. The piece considers recent movements by the Canadian Privacy Comissioner in legislative reform and the importance of robust and consistent enforcement of privacy laws.


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Imperfect solutions for access to justice -success fees are no longer recoverable in English defamation and privacy cases

On 29 November 2018, the Government published its response to the 2013 consultation on costs protection in defamation and privacy claims. In particular, the written statement by the Lord Chancellor and Secretary of State for Justice summarizes the amendments to costs provisions, raising access to justice concerns.

In short, the Government has decided to implement s.44 of the Legal Aid, Sentencing and Punishment of Offenders (LAPSO) Act 2012, making claimant lawyers success fees under conditional fee agreements (“CFAs”) unrecoverable from defendants in defamation and privacy cases commencing 6 April 2019. The consolation is that after-the-event insurance (“ATE”) fees remain recoverable. This article considers how these changes perpetuate imperfect solutions that harm access to justice.

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