21 August 2015
Google Spain redux – removing search engine links to stories about removing search engine links
Following the Court of Justice of the European Union decision in the now notorious “Google Spain” case, Google, and other search engine operators, have set up processes to deal with request by individuals to have URL links removed from search results against the individual’s name. Individuals are entitled to have URL links removed where, in summary, the link has an unwarranted and negative impact on an individual’s privacy – and this is judged by reference to information contained on the website which the link leads to.
13 August 2015
Information law update: Subject access requests and the dilemma for data controllers
The ability of an individual to require a data controller to provide full details of any personal data held about her is one of the central features of the Data Protection Act 19998 (DPA) – it is regarded by the Information Commissioner as a “fundamental right”.
The DPA sets out a number of exemptions to the right of access and the conventional view has been that, unless one of the exemptions is engaged, the data controller simply has to comply with any subject access request
10 August 2015
'Reform' of judicial review – The bandwagon trundles on
The Government has opened the latest in its series of consultations on proposals for the 'reform' of judicial review. The current consultation arises out of changes to judicial review procedure already introduced by Part 4 of the Criminal Justice and Courts Act 2015 (CJCA). Those changes concern the financial information that all claimants starting judicial review proceedings will have to supply to the Court. They also concern the financial information that any claimant seeking a cost capping order will have to supply to the Court and to the other parties. Unsurprisingly – this has been the leitmotif of the whole “reform” process – there is a striking lack of evidence to justify the proposals, allied to an apparent blindness to what currently happens in practice and to the powers currently available to the courts.