Privacy

Thornton v Telegraph Media - libel, malice and a failed 'offer of amends' defence

By Legal Week | August 5, 2011

On 26 July 2011 Mr Justice Tugendhat handed down a reserved judgment after the trial in Thornton v Telegraph Media Group. The claimant was successful and a total award of damages for libel and malicious falsehood of £65,000 was made. The case is notable for a number of firsts. It is first libel trial of the year and the first one involving the publisher of a national newspaper since the Mo George case in April 2009. It is the first case in which an "offer of amends" defence has been overturned by a finding of malice. Finally, the case also appears to be the first in which a court has awarded general damages for malicious falsehood.

1 minute read

BLP partner files claim against News of the World for phone-hacking

By Suzi Ring | July 26, 2011

Berwin Leighton Paisner (BLP) corporate and commercial disputes partner Graham Shear has launched a claim against the News of the World (NoW) for phone-hacking. Shear has appointed fellow BLP commercial litigator Joby Davies to advise him on the breach of privacy claim against NoW, as well as Matrix Chambers' Hugh Tomlinson QC and David Sherborne of 5RB.

1 minute read

The Screws no more – how dumb does that privacy 'debate' look now?

By Alex Novarese | July 8, 2011

While I make no pretence to be an authority on the tabloid media, the escalating events of this week that culminated in the shock closure of the News of the World (NoW) do say much about an area I know a little more about: the collision between the law and media. This has been building for a long, long time. Though they were largely ignored by much of Fleet Street, the initial allegations regarding the NoW date back years and it was two years ago that The Guardian first made credible claims that phone-hacking was taking place at the tabloid on an industrial scale.

1 minute read

Sex, secrets and sedition: the aftermath of Parliament challenging courts on privacy

By Legal Week | June 15, 2011

Carter-Ruck's Athalie Matthews analyses the 'Hemming effect' as the controversy over injunctions rages on

1 minute read

The CTB injunction - who is to blame for making a mockery of the rule of law?

By Legal Week | June 6, 2011

It may now be safe to say that the superinjunction media frenzy has largely passed. But fresh from the ruins of the CTB injunction, the blame game is well underway. Who is responsible for making a mockery of the rule of law and rendering privacy rights ridiculous? Who is responsible for seeking to extend privacy rights past their tipping point? Deciding who the culprits are depends very much upon your viewpoint and I am sure that there are those not in this list that you would wish to include. Lawful contributions are welcome. Below is a line-up of some of the usual suspects and the charges being levelled at them:

1 minute read

Through the looking glass - the strange morality of Planet Injunction

By Alex Novarese | May 25, 2011

As we march into a secular age, society is getting oddly moralistic. Certainly, to judge from the extraordinary and sustained controversy over injunctions, the whole idea of the guy with a spotless past getting to throw the first rock is now dead and buried. And so the mounting storm over privacy law – far from being calmed by the long-awaited publication of the Neuberger report on Friday – rumbled on over the weekend, culminating on Monday, after yet another day of developments, court hearings and outpourings on Twitter, in an MP using Parliamentary privilege to flout a court order.

1 minute read

Superinjunction report offers concessions and reassurance but fails to calm privacy storm

By Suzi Ring | May 25, 2011

The committee charged with reviewing the use of superinjunctions has called for the media to have advance notice of privacy orders and for the Government to monitor the use of injunctions. Pulling back from recommending major changes in its 100-page report, the committee chaired by the Master of the Rolls Lord Neuberger has argued that the current regime for granting injunctions is working effectively.

1 minute read

A Schilling for your thoughts?

By Legal Week | May 25, 2011

The press is running riot with stories about Schillings and its 'reputation management' skills after the injunction fiasco and the cunning plan to 'sue Twitter'. The Guardian reports 'Injunction publicity backfires on celebrity law firm', while predictably, The Daily Mail put the boot in rather more brutally in 'The Injunction King, a cabal of grasping lawyers and a £2000 assault on free speech'.

1 minute read

Hemming does his worst - the day one MP took the law into his own hands

By Legal Week | May 24, 2011

As I think readers will surely know by now, John Hemming MP used Parliamentary privilege yesterday (23 May) to name the footballer whose anonymity is protected in this privacy case by an injunction, which the High Court decided earlier today to maintain in force. Since then, first Sky News and now the BBC have named the footballer on air. They're clearly making a judgement that although the law is unclear on whether it's legally safe to report what's said in Parliament that flouts a court order, the risk of any successful legal action against them for contempt of court is so low that it's well worth taking the residual legal risk.

1 minute read

Cameron wades into privacy debate as MP uses Parliament to out injunction footballer

By Suzi Ring | May 23, 2011

Privacy law has continued to dominate the headlines, with Prime Minister David Cameron wading into the debate about the sustainability of privacy injunctions as an MP on Monday (23 May) used Parliamentary privilege to name the footballer at the centre of the row. Speaking on ITV's Daybreak programme on Monday morning (23 May) Cameron called for privacy laws to be reviewed. He described current laws affecting newspapers as "unsustainable" and said Parliament was "going to have to take some time out to really have a think about this".

1 minute read

Connecticut Law Tribune

New Data Privacy Law to Take Effect: Here's What Attorneys Need to Know

By Emily Cousins | June 7, 2023

"By and large, liability will be imposed solely by Connecticut's Office of the Attorney General, but there's always the potential for lawsuits because plaintiffs attorneys are very smart about looking for other laws to use as the basis for claims," Russell F. Anderson said.

5 minute read

Law.com

Feds Accuse Microsoft of Collecting Minors' Personal Info From Xbox Live Accounts Without Parental Consent

By Mason Lawlor | June 7, 2023

This complaint was first surfaced by Law.com Radar.

3 minute read

National Law Journal

State of the Privacy Union: Examining the US Data Privacy Landscape in the First Half of 2023

By Melissa Griffins Paulk | June 6, 2023

The U.S. is taking a serious step toward a national data privacy standard this year. As businesses navigate new legislation and future compliance obligations, having a strong understanding of the legal landscape around protecting personal data and a willingness to implement a comprehensive data privacy compliance strategy will be crucial.

5 minute read

New York Law Journal

Proposed New York State Statute Provides Both Sword and Shield in Protecting Biometric Information

By John M. Leonard and Seán McCabe | May 31, 2023

A discussion of the liability risks posed by a bill pending in the NY Assembly and Senate—the Biometric Privacy Act. The article also considers insurance implications—how courts have ruled so far on insurance claims for BIPA liability, and how policy language may change in response to significant liability exposure.

6 minute read

Legaltech News

The Challenge of Smartphone Data in E-Discovery: Why Targeted Collection Is Crucial

By Matt Rasmussen, ModeOne Technologies | May 31, 2023

In today's digital age, the old "collect everything" approach to evidence no longer works. Given the ubiquity of cellphones in our culture, it is crucial for e-discovery practitioners to carefully and strategically target mobile device data collection, or risk significant downstream costs and inefficiencies.

3 minute read

Legaltech News

Lega Inc. Emerges From Stealth Mode With LLM-Governance Platform, Enabling Safe Legal AI Experimentation

By Stephanie Wilkins | May 31, 2023

"There's nothing more important right now than just getting your hands on [large language models] and seeing what they can do, and trying to find use cases. But it has to be done in a way that's responsible," Lega founder and CEO Christian Lang told Legaltech News.

8 minute read

Law.com

TikTok Joins List of Social Media Companies Sued for Privacy Violations From Third-Party Data-Sharing

By Mason Lawlor | May 30, 2023

This case was first surfaced by Law.com Radar.

3 minute read

Law.com

Dish Network Hit With Class Action Alleging Cyberattack Exposed Customer Info

By Riley Brennan | May 25, 2023

This story first surfaced on Law.com Radar.

4 minute read

Law.com

Why Law Firms Should Be Using SIEM Logs to Manage Data Security Threats

By Mike Paul and Robert Padilla | May 25, 2023

To effectively safeguard their data and networks, law firms need to deploy advanced security tools that can help detect and respond to threats in real time. One such tool is security information and event management (SIEM) software.

7 minute read

The Legal Intelligencer

No Statute, No Problem? Case Law May Expand Boundaries of Biometric Privacy Litigation

By Jeffrey N. Rosenthal and Andrew Schrag | May 24, 2023

A recent California state court decision, Renderos v. Clearview AI, lays out what may be a roadmap for plaintiffs to use generic consumer-protection statutes, state constitutional law, and even the common law to recognize private rights of action for alleged privacy violations—all without a biometric statute.

6 minute read