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Win (for now) for app developer against Google

11 May 2018 by

Unlockd Ltd and others  v Google Ireland Limited and others (unreported, Roth J, Chancery Division 9 May 2018) – transcribed judgment awaited

Unlockd, an app developer, sought an interim injunction to prevent Google withdrawing its services. Roth J found that the balance of convenience was in the applicants’ favour. Their claim raised a serious issue to be tried and any action by Google to withdraw their platform would severely damage the applicants’ business. An interim injunction was granted.
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Suing Facebook is no easy matter

9 November 2015 by

facebook_logoRichardson v Facebook [2015] EWHC 3154 (2 November 2015) – read judgment

An action in defamation and under the right to privacy against Facebook has been dismissed in the High Court. The Facebook entity named as defendant did not “control” the publication so as to allow liability; and even if it did, no claim under the Human Rights Act could lie against FB as it could not be described as any sort of a public authority for the purposes of Section 6 of the Act.

The claimant, acting as a litigant in person, sought damages in respect of the publication in 2013 and 2014 of a Facebook profile and a posting on the Google Blogger service. The Profile and the Blogpost each purported to have been created by the claimant, but she complained that each was a fake, created by an impostor. She claimed that each was defamatory of her, and infringed her right to respect for her private life under Article 8 of the European Convention on Human Rights (ECHR).
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Google’s misuse of private browsing data entitles individuals to damages – Court of Appeal

31 March 2015 by

google-sign-9Google Inc v Vidal-Hall and others [2015] 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:

  1. 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?
  2. 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?

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How to sue in respect of abusive comments on the Internet

25 March 2015 by

Internet-TrollThe Bussey Law Firm PC & Anor v Page [2015] 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.
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Operation Cotton, War Crime and the Right to be Forgotten – the Human Rights Roundup

22 May 2014 by

Right to be forgotten HRRWelcome back to the UK Human Rights Roundup, your regular lightening rod of human rights news and views. The full list of links can be found here. You can find previous roundups here. Links compiled by Adam Wagner, post by Celia Rooney.

In recent human rights news, the ECJ finds against Internet giant Google, strengthening the so-called ‘right to be forgotten’. In other news, the UK awaits to see if it will be prosecuted before the ICC in relation to allegations of war crimes in Iraq, while the Court of Appeal confronts the issue of legal aid cuts in serious fraud cases as the Operation Cotton scandal continues.

In the News
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New Year, new tort of misuse of private information

23 January 2014 by

google-sign-9Vidal Hall and Ors v Google Inc [2014] EWHC 13 (QB) – read judgment

A group of UK Google users called ‘Safari Users Against Google’s Secret Tracking’ have claimed that the tracking and collation of information about of their internet usage by Google amounts to misuse of personal information, and a breach of the Data Protection Act 1998The Judge confirmed that misuse of personal information was a distinct tort. He also held that the English courts had jurisdiction to try the claims. 

Mr Justice Tugendhat’s decision was on the basis that (1) there was a distinct tort of the misuse of private information (2) there was a serious issue to be tried on the merits in respect of the claims for misuse and for breach of the DPA; (3) the claims were made in tort and damage had been sustained in the jurisdiction and (4) England was clearly therefore the most appropriate forum for the trial.


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There is no right ‘to be forgotten’ by internet search engines

1 July 2013 by

google-sign-9Case C-131/12: Google Spain SL & Google Inc. v Agencia Española de Protección de Datos (AEPD) & Mario Costeja González – read Opinion of AG Jääskinen

This reference to the European Court of Justice (CJEU) concerned the application of the 1995 Data Protection Directive  to the operation of internet search engines. Apart from demonstrating the many complications thrown up by this convoluted and shortsighted piece of regulation, this case raises the fascinating question of the so-called right to be forgotten, and the issue of whether data subjects can request that some or all search results concerning them are no longer accessible through search engine.

All of these questions are new to the Court.
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Can Google be sued for the content of blogs on its platform?

17 February 2013 by

google-sign-9Tamiz v Google Inc [2013] EWCA Civ 68 – read judgment

The Court of Appeal has ruled that in principle, an internet service provider that allowed defamatory material to remain on a blog hosted on its platform after it had been notified of a complaint might be a “publisher” of this material, although in this case the probable damage to the complainant’s reputation over a short period was so trivial that libel proceedings could not be justified.

This interesting case suggests there may be an opening for liability of Google  for defamation, if certain steps have been taken to fix them with knowledge of the offending statement. Mr Tamiz, who claimed to have been defamed by comments posted on the “London Muslim Blog” between 28 and 30 April 2011, appealed a decision in the court below to decline jurisdiction in his claim against the respondent corporation and to set aside an order for service of proceedings on Google out of the jurisdiction.
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Turkish block on Google site breached Article 10 rights, rules Strasbourg

16 January 2013 by

google-sign-9YILDIRIM v. TURKEY – 3111/10 – HEJUD [2012] ECHR 2074 – Read judgment

In the case of Yildrim v Turkey the European Court of Human Rights decided that a Court order blocking access to “Google Sites” in Turkey was a violation of Article 10.  The measure was not “prescribed by law” because it was not reasonably foreseeable or in accordance with the rule of law.  The judgment is available only in French.

He owned and ran a website hosted by the Google Sites service, on which he published his academic work and his opinions on various matters.  On 23 June 2009 the Denizli Criminal Court of First Instance ordered the blocking of an Internet site whose owner had been accused of insulting the memory of Atatürk. The order was issued as a preventive measure in the context of criminal proceedings against the site’s owner.

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Google steps up pressure on Government censorship

22 April 2010 by

Google have announced the launch of a new Government Requests tool, which according to the Official Google Blog aims to “give people information about the requests for user data or content removal we receive from government agencies around the world.”

According to the tool, the UK currently ranks number 2 in Europe for information removal requests, behind Germany, and 3rd in the world for data requests, behind the US and Brazil.

It appears that the internet search company, whose unofficial corporate motto is “Don’t be Evil“, is attempting to make up for recent public controversies over censorship in countries where rights to freedom of information and expression are lacking. Google has had a particularly rocky relationship with China, who insisted that certain sites were blocked from Google search. After public pressure and a number of public confrontations, Google have recently moved operations to Hong Kong and shut down the search service completely.

Yesterday’s announcement begins by quoting the Universal Declaration of Human Rights, which is similar to the European Convention on Human Rights. It says:

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