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12 July 2007 / Andrew Horrocks , Jack Cundy
Issue: 7281 / Categories: Features , Technology
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Anonymous wrongdoers

How can IT litigators fight back against anonymous e-commerce wrongdoers? Andrew Horrocks and Jack Cundy investigate

A frequent difficulty for would-be claimants trying to track down       anonymous e-commerce wrongdoers is that website operators and other IT service providers are unwilling to disclose voluntarily the identity of a wrongdoer, relying on contractual obligations of confidentiality and data protection legislation.

Users of IT services are aware of the potential for the internet to be used to invade their privacy, and service providers will therefore typically undertake—whether in a written agreement or in a published privacy policy—not to disclose voluntarily a user’s private data. In addition, the Data Protection Act 1998 (DPA 1998) ordinarily prevents disclosure of personal data without the consent of the data owner or an order of the court.

In these situations, there may be no claim against the service provider itself as a result of content of an offending website—the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013) and the Defamation Act 1996, for example, contain safeguards for service providers if they

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Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

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Ward Hadaway—Steven Hayward

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Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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