ISPs lose in judicial review of DEA

The challenge by TalkTalk and BT to elements of the Digital Economy Act 2010 and the draft Copyright (Initial Obligations) (Sharing of Costs) Order 2011 has failed on all grounds except for a relatively minor point on the sharing of administrative costs. The challenged provisions included those related to the initial obligations code in Sections 3-7 including the provision of … Continue reading

Privacy problems for Facebook – Canada

Here’s a link to a newspaper report in Canada concerning the Canadian Privacy Commissioner’s response to news reports at the weekend stating that Facebook apps have been sending personal data to adverting companies. Problems with Facebook apps have already been noted on this blog. As regards this current claim, its seems the problem in Canada … Continue reading

Lord Walker Lecture on an Evolving Law of Privacy

The UKSC blog carries a summary by Hugh Tomlinson of a lecture give by Lord Walker on ‘The English Law of Privacy – an Evolving Human Right‘. The lecture distinguishes the English apporach (influenced by Article 8 ECHR), which is highly fact sensitive, with the position in Australia and New Zealand and also considers the … Continue reading

ACTA – fundamental rights and constitutional issues

The (draft) Anti-Counterfeiting Trade Agreement, otherwise known as ACTA, has already given rise to controversy – for example arising from the secrecy of the negotiations– and it looks like that controversy is set to continue. On the 2nd October, 2010 the European Commission – in a joint statement with the other negotiating parties – that … Continue reading

Privacy Law- California

It should come as no surprise that Califonria, home to so many celebreties, is a US state that has concerns regarding the behaviour of paparazzi, especially when the Californian governor is a former film star who presumably has had experience of being on the receiving end of their attentions. In any event, another blog, Inforrm, … Continue reading

Geolocation data – Android phones

As the Places app on Facebook is unrolled and people use the ‘I am here’ app for Android, we should perhaps take a moment to think about who else gets to see our data. Some have criticised Facebook for providing a tool for thieves. Research from the US states that most of the app’s for … Continue reading

Digital Economy Act

The controversial Digital Economy Bill was enacted in the run up the the general election, a fact which in itself drew the ire of some. The matter is not closed, however, as some ISPs are mounting a judicial review challenge to the act, or at least some of its provisions. It was initially unclear the … Continue reading

Irish High Court Refers Data Retention Case

The Irish High Court has (at last!) referred the case brought by Digital Rights Ireland challenging Irish data retention law to the European Court of Justice. The case has been before the Court since 2006 and follows national litigation in Bulgaria, Germany and Romania. See for more details, and various posts on

German Law Journal on Data Retention

[This is a cross-post from Human Rights in Ireland] The latest issue of the German Law Journal contains what may be the first academic analysis of the Bundesverfassungsgericht decision in the data retention case – previously discussed below. The article, entitled ‘Pitting Karlsruhe Against Luxembourg? German Data Protection and the Contested Implementation of the EU … Continue reading

Death of a Directive: EU Data Retention?

The Data Retention Directive was adopted in the aftermath of the public transport attacks in London in July 2005. It requires telecommunications service providers to retain user traffic data for all telecommunications users for a period of six months to two years. The Directive has been highly criticised for requiring generalised data surveillance within the … Continue reading