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17 April 2015
Issue: 7648 / Categories: Case law , Law digest , In Court
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Data protection

Vidal-Hall and others v Google Inc (The Information Commissioner intervening) [2015] EWCA Civ 311, [2015] All ER (D) 307 (Mar)

Google had sought to set aside the permission that had been granted to the claimants to serve their claim form out of the jurisdiction in their action which alleged misuse of private information, breach of confidence and breach of the Data Protection Act 1998 (DPA 1998). The action for breach of confidence was set aside. The Court of Appeal, Civil Division, dismissed Google’s appeal as the pleaded actions were clearly arguable and not pointless. The court held that misuse of private information should be recognised as a tort for the purposes of service out of the jurisdiction and that, in order to make s 13(2) of DPA 1998 compatible with EU law, that section had to be disapplied, with the consequence that compensation would be recoverable under s 13(1) for any damage suffered as a result of a contravention by a data controller of the requirements of DPA 1998.

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MOVERS & SHAKERS

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
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