Zuchtvieh-Export (Judgment)  EUECJ C-4242/13 (23 April 2015) – read judgment
Animal welfare groups and campaigners for humane farming have welcomed the latest ruling by the European Court of Justice upholding the refusal of German authorities to allow the export of live cattle to Kazakhstan, a 7,000 km journey involving insufficient rest stops and unloading. According to Compassion in World Farming,
Every year, over three million animals are exported from the European Union to non-EU countries. Hundreds of thousands are destined for countries in Russia, Turkey, The Middle East and North Africa. (Live exports from the EU)
This was a referral from German municipal authorities on just this question. It sought a ruling from the European Court of Justice (CJEU) regarding the interpretation of Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations. Continue reading
JK, R(on the application of) v Secretary of State for Home Department and another  EWHC 990 (Admin) 20 April 2015 – read judgment
This case concerned the rights of transgender women, and their families, in particular the right to keep private the fact that they are transgender.
The Court heard a challenge to the requirement in the UK’s birth registration system that men who had changed gender from male to female should be listed as the “father” on the birth certificates of their biological children. Having decided that this did engage the claimant’s privacy rights under Article 8 of the European Convention of Human Rights, in conjunction with the right not to be discriminated against under Article 14, the Court concluded that the interference was justified.
Factual and legal background
The clamant JK had been born male. She was married to a woman, KK, and the couple had two naturally conceived children. After the birth of the first child in 2012, JK was diagnosed with gender identity disorder and concomitant gender dysphoria. In October 2012, she started a course of feminising hormone treatment. The treatment pathway requires two years living as a female before consideration is given for referral for gender reassignment surgery. Before the claimant started feminising hormone therapy, KK fell pregnant a second time, again conceiving naturally by the claimant. Continue reading
Reactiv Media Limited v The Information Commissioner (Privacy & Electronic Communications Regulations (2003)  UKFTT 2014_0213 (GRC) (13 April 2015) – read judgment
Although an individual’s right to privacy is usually thought of in the context of state intrusion in one form or another, in reality the real threat of intrusion in a society such as ours comes from unsolicited marketing calls.
What many people may not be aware of is that if an individual has registered with the Telephone Preference Service, these calls are unlawful and the company responsible may be fined. It is therefore worth making a complaint, even if one instinctively feels that taking such a step will invite more intrusion. This case is a nice illustration of privacy being upheld and the rules enforced against an unscrupulous and persistent offender.
TPS is operated on behalf of the direct marketing industry by the Direct Marketing Association (DPA) and subscribers’ rights not to receive such calls may be enforced under Regulation 21 of the Privacy and Electronic Communications (EC Directive) Regulations 2003. Continue reading
Fish Legal v Information Commissioner and others (Information rights practice and procedure)  UKUT 52 (AAC) Charles J – read judgment
Water and sewage utility companies are “public authorities” for the purposes of the environmental information regulations, and are bound by them accordingly, the Administrative Appeals Chamber of the Upper Tribunal has ruled.
Fish Legal is the legal arm of the Angling Trust. In 2009 it asked United Utilities Water plc and Yorkshire Water Services Ltd for information relating to discharges, clean-up operations, and emergency overflow. Emily Shirley is a private individual. Again, she asked Southern Water Services Ltd for information relating to sewerage capacity for a planning proposal in her village. All three companies denied that they were under a duty to provide the information under Environmental Information Regulations. Both Fish Legal and Mrs Shirley complained to the Commissioner. In 2010 the Commissioner replied, explaining that as the companies were not public authorities for the purposes of EIR, he had no power to adjudicate the complaints. Continue reading
Google Inc v Vidal-Hall and others  EWCA Civ 311 (27 March 2015) – read judgment
This case concerned the misuse of private information by an internet provider based in the United States. Google had secretly tracked private information about users’ internet browsing without their knowledge or consent, and then handed the information on to third parties (a practice known as supplying Browser-Generated Information, or ‘BGI’).
The issue before the Court of Appeal was twofold:
- Was the cause of action for misuse of private information a tort, specifically for the purposes of the rules providing for service of proceedings out of the jurisdiction?
- What was the meaning of ‘damage’ in section 13 of the Data Protection Act 1998 (the DPA) and in particular, did it give rise to a claim for compensation without pecuniary loss?
The Bussey Law Firm PC & Anor v Page  EWHC 563 (QB) – read judgment
The facts of this case are simple. A defamatory comment was posted on the claimant’s Google maps directional page, implying that he was a “loser” as a lawyer and that his firm lost “80%” of cases brought to them. The defendant claimed that someone must have hacked in to his own Google account to put up the post.
There were jurisdictional complications in that the firm is situated in Colarado but these need not concern us here as Sir David Eady, sitting as a High Court judge, allowed the trial to go ahead in England. The real question was why any third party would have gone to the trouble of hacking into the defendant’s Google account in order to post the offending review; if the objective were merely to hide the hacker’s identity from the claimants, there would be the simpler option of setting up an anonymous Google account. This would in itself render the would-be publisher untraceable, and especially if it were done from a public computer. Continue reading
A healthcare NHS Trust v P & Q  EWCOP (13 March 2015) – read judgment
The Court of Protection has clarified the position on revealing the identity of an incapacitated adult where reporting restrictions apply.
This case concerned a man, P, who as a result of a major cardiac arrest in 2014, has been on life support for the past four months. Medical opinion suggests that he is unlikely ever to recover any level of consciousness, but his family disagrees strongly with this position. The Trust therefore applied to the Court for a declaration in P’s best interests firstly, not to escalate his care and secondly to discontinue some care, inevitably leading to his demise. The trust also applied for a reporting restrictions order. When it sought to serve that application on the Press Association through the Injunctions Alert Service, the family (represented by the second Continue reading