The Court of Appeal in England has upheld a 2014 decision against Google about its scraping of information from users of the Safari browser. It classified a privacy action as a tort that will support a class action (called a ‘group action’ there) and also service out of the jurisdiction. The Court allowed the action to proceed without proof of pecuniary damages. It also held that ‘browser generated information’ (BGI) was personally identifiable information to which the Data Protection Act applied, though it did not contain the name of the person using the browser.
Archive for ‘Substantive Law: Foreign Law’
How far does the legitimate scope of governmental power reach, in a time of technology and enhanced concerns of personal privacy?
Following the attacks on Canadian Parliament on October 22, 2014, the proper balance between national security concerns and personal privacy and liberties is of foremost concern for many citizens. The Federal government has responded, in part, by the introduction of Bill C-51, which has itself spurned considerable controversy.
National security and law enforcement concerns are not exclusive to our jurisdiction. At the Fourth Annual UCLA Cyber Crimes Moot this weekend, competitors from across the country considered the constitutional implications . . . [more]
I must preemptively refer you to John Gregory’s post from last year when it comes to canvassing the laws, and lack thereof, around how third party services (like Google, Facebook, PayPal, etc.) are obliged to act upon the death of an account holder. The whole legal terrain is fascinating, and consists of a stewing heap of conflicting rationales, policies, privacy legislation and common laws around the rights of heirs, deceased people, states and private corporations. It’s all heading in a better direction, probably, with the advent of uniform legislation like FADA, but for some time it has been quite . . . [more]
The UN Human Rights Office has launched a major public online database that contains all the case law issued by the UN human rights expert committees known as the Treaty Bodies.
The Treaty Bodies are committees of independent experts that monitor implementation of the core international human rights treaties. There are 10 of them including the Committee against Torture, the Committee on the Elimination of Discrimination against Women, the Committee on Enforced Disappearances and the Committee on the Rights of the Child.
The database was developed using data from the Netherlands Institute of Human Rights (SIM) at the Utrecht . . . [more]
In Edwards v. Canada (Attorney General), the Privy Council considered whether “persons” under s. 24 of the Constitution Act included women,
24. The Governor General shall from Time to Time, in the Queen’s Name, by Instrument under the Great Seal of Canada, summon qualified Persons to the Senate; and, subject to the Provisions of this Act, every Person so summoned shall become and be a Member of the Senate and a Senator.
Lord Chancellor Viscount Sankey of the Privy Council stated,
. . . [more]
…their Lordships have come to the conclusion that the word “persons” in sec. 24 includes
Following the European Court of Justice decision earlier this year in Google Spain v AEPD and Mario Costeja González, Google has had a flood of requests to have webpages deleted from their index. More than a third of these requests, or over 60,000 links, come from the U.K.
Google released data today demonstrating where the requests originate from:
To date, Google has evaluated nearly 500,000 links for removal. More than half of all urls reviewed by Google are removed, meaning that there are still many others that they do not.
This data also reveals that the vast majority of . . . [more]
The Prime Minister decided this week to send Canadian aircraft to Iraq and possibly to Syria to strike ISIS targets in these countries. The attacks will be exclusively by air and will not involve land troops. The motion is expected to be debated in Parliament tomorrow.
The threats posed by ISIS is certainly unique, and is not easily solved. Nobody suggests that these airstrikes alone will eliminate the problem. Opposition groups have already rejected the plan, indicating that the case for such involvement has not been properly presented. The self-defence basis and humanitarian grounds for doing so have already been . . . [more]
The 2014 course on International Law and Legal Information from the International Association of Law Libraries is taking place right now in Buenos Aires, Argentina.
Of particular interest are the Tweets being posted to Twitter with the tag #IALL2014. Today’s content is focussed largely on human rights issues.
- #IALL2014 on Twitter
- IALL 2014 Annual course website
- Full conference programme is here (PDF)
- International Association of Law Libraries (main website)
Writing clearly and concisely is a goal that often eludes lawyers, especially when writing factums.
Justice Barbier of the United States District Court Eastern District of Louisiana ruled on a motion on Sept. 15, 2014 in the complex litigation surrounding the BP oil spill, In re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010.
Although denying the motion, Justice Barbier commented on the response by BP, in particular in their formatting:
. . . [more]
…the Court must address the format of BP’s opposition memorandum.
The briefing order allowed BP’s counsel to file a
The legal memos from 2004, over a decade ago, outlining the power of the President to use wiretapping, have been obtained through a Freedom of Information Act lawsuit by the American Civil Liberties Union and Electronic Privacy Information Center.
The project was called Stellar Wind, and allowed the National Security Agency (NSA) to collect information, even when it was contained in the U.S., as long as one end of the communications was overseas and a party was believed to be connected to terrorism.
Jack Goldsmith, Assistant Attorney General at the time, wrote in a memo from May 2004,
. . . [more]
The Australian Law Reform Commission released a report earlier this week on Serious Invasions of Privacy in the Digital Era .
The report proposes a new tort remedy for invasions of privacy that are serious, committed intentionally or recklessly and that cannot be justified as being in the public interest — for example, posting sexually explicit photos of someone on the Web without their permission, a topic much in the news recently because of the massive leak of nude photos of some of Hollywood’s biggest female celebrities.
The document also recommends a range of defences to protect free speech: . . . [more]
The Supreme Court of Texas has refused to provide the identity of an anonymous blogger, in a 5-4 split decision released this week. The blogger initially claimed to be an employee of the Plaintffs’ company. He created a site in 2007 which targeted a business and its CEO, making a number of disparaging comments about the Plaintiffs and alleging involvement in a Ponzi scheme.
The Plaintiffs sought the identity of the blogger through Texas Rule of Civil Procedure 202, which states,
202.1 A person may petition the court for an order authorizing the taking of a deposition on oral