Closing off the Warren of Negligence Claims for Data Breaches
cearta
by Eoin
1M ago
I have just published “Closing off the Warren of Negligence Claims for Data Breaches” in Damian Clifford, Kwan Ho Lau & Jeannie Marie Paterson (editors) Data and Private Law (Hart Studies in Private Law, Bloomsbury, 2003) chapter 10; pp161-174 (available via SSRN). Here is the abstract: Large databases of personal data are increasingly vulnerable to hacks. Arising out of the biggest data breach in the United Kingdom’s history, the claimant in Warren v DSG Retail Ltd [2021] EWHC 2168 (QB) (30 July 2021) sought damages for distress for breach of data protection legislation, misuse of privat ..read more
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Another Tale of Two Toms – Restitution of Mistaken Payments, and Interceptive Subtraction, again
cearta
by Eoin
2M ago
Actor Tom Hollander (imdb | wikipedia | image source) told an anecdote to Seth Meyers on the Late Night tv show (geoblocked NCB clip | YouTube clip), about when he received a bonus payslip meant for actor Tom Holland (imdb | wikipedia | image source). At the time, the two actors shared an agent, who obviously mixed up his own clients, so it’s not a surprise that the rest of us do too. For example, after the casting of Captain America: Civil War (2016 | imdb) was announced, I thought it was a brave decision to have Mr Collins play Spiderman! Hollander got an email containing Holland’s first bo ..read more
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Identifiability in defamation, data protection, and privacy cases
cearta
by Eoin
6M ago
In an earlier post, I considered the settlement in Carey v Independent News & Media and the status of Bloomberg v ZXC [2022] AC 1158, [2022] UKSC 5 (16 February 2022) in Ireland. According to media reports this time last week, a case similar to Carey may very well be brewing: Sinn Féin TD takes breach of privacy action against Mediahuis and state (Barry Whyte, Business Post, 24 September 2023) Martin Kenny also suing the gardaí and the state over a series of articles published last year which did not name him. Sinn Féin TD sues An Garda Síochána, Independent titles publisher and State (Co ..read more
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Subrogation – and liens, charges, and other securities – after Promontoria (Oyster) DAC v Kean [2023] IECA 181 (17 July 2023)
cearta
by Eoin
8M ago
The regular reader (thank you!) of this blog will know that I like to add an image at the start of most posts. Sometimes, it takes a while to find something appropriate. When searching for a suitable image for Promontoria (Oyster) DAC v Kean [2023] IECA 181 (17 July 2023), I was reminded that oysters and a pint or two of guinness are a perfect combination. Hence today’s image. As to the case that inspired it, in Promontoria (Oyster) DAC v Kean (noted here), [Kean], Pilkington J in the Court of Appeal, (Costello and Butler JJ concurring), held that the abolition of the creation of security over ..read more
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Of stalking horses and dogs that did not bark: 303 Creative LLC v Elenis, standards of review, commercial speech, and the end of the beginning of the modern First Amendment
cearta
by Eoin
9M ago
The opinion of Gorsuch J for the US Supreme Court in 303 Creative LLC v Elenis 600 US __ (2023) (Opinion (pdf) | Justia) has been widely welcomed on the US political right as a victory religious rights and just as broadly deplored on the US political left as a defeat for LGBTQ+ rights. Many on both sides agree, however, that – either way – it is an important defence of free speech. I am sorry to say that it is nothing of the sort. It is a stalking horse for an approach that will have pernicious consequences for the First Amendment. Gorsuch J for the Court (Roberts CJ, and Thomas Alito, Kavanau ..read more
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The settlement in Carey v Independent News & Media and the status of Bloomberg v ZXC in Ireland
cearta
by Eoin
9M ago
After a long and distinguished career as a popular public servant, first as a councillor, then then as a TD, and finally as a Minister, Pat Carey (pictured left) is now a public affairs consultant. On 11 and 12 November 2015, the Irish Independent reported that a Garda investigation was under way into allegations of child sexual abuse against an un-named former Minister. He claimed that he was identifiable as the person concerned, and he felt he had no choice but to issue a statement denying the allegations. He was never arrested; and, after the Garda investigation had concluded, the Director ..read more
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Recent developments with traffic data retention
cearta
by Eoin
9M ago
In my post on the Communications (Retention of Data) (Amendment) Act 2022: ignore the warnings, legislate in haste, repent at leisure, I sketched how the Government came to enact Communications (Retention of Data) (Amendment) Act 2022 (also here) last Summer. Since then, there have been several developments. First, the 2022 Act was intended to buy the government some time to complete a thorough overhaul of the Communications (Retention of Data) Act 2011 (also here). A Bill to that effect has been listed in every Legislation Programme since 2018. So, it is unsurprising that, on 19 April 2023, a ..read more
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Cúigiú lá breithe shona don RGCS
cearta
by Eoin
10M ago
Lá breithe shona duit, Lá breithe shona duit, Lá breitha shona don RGCS, Lá breithe shona duit ..read more
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The Communications (Retention of Data) (Amendment) Act 2022: ignore the warnings, legislate in haste, repent at leisure
cearta
by Eoin
1y ago
The headline in the Irish Examiner is stark: “European Commission says Ireland’s new data law may be ‘inapplicable’.” Cianan Brennan reports that the European Commission “has dismissed Ireland’s new controversial data retention law as possibly ‘inapplicable and unenforceable’, as it was not submitted to the commission before its enactment”. The legislation in question is the Communications (Retention of Data) (Amendment) Act 2022; and it was, as Brennan says, rushed through the Oireachtas last summer with minimal scrutiny. It is worth pausing for a moment to see where the Act came from, and to ..read more
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Another heckler’s veto in Trinity
cearta
by Eoin
1y ago
The following story caught my eye in this morning’s Irish Times [with added links]: Talk by controversial UK preacher at Trinity College cancelled over security fears By Colin Gleeson A talk by a UK preacher at an event at Trinity College Dublin on Friday has been cancelled due to security fears. Mohammed Hijab had been due to speak at an event organised by the college’s Muslim Students Association on the topic of “hedonism”. … Mr Hijab’s invitation to speak on the college’s campus was criticised by students who said they planned to stage a protest should the event go ahead. … It is understood ..read more
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