“This short blog post considers only one – so far largely disregarded – aspect of the decision of the Supreme Court in Lloyd v Google LLC – its rejection of the argument that since Article 8 ECHR underlies both data protection and the tort of misuse of private information (MPI), the two actions should provide the same level of protection for private information. The decision was far from turning only on rejection of that argument, but given that Article 8 provides a common source of principle that underlies the previous Data Protection Directive and has already driven the development of the tort, it is of interest to consider the basis for the Supreme Court’s stance, and the implications for the future in relation to the UK GDPR and Data Protection Act 2018. In rejecting the ‘common source’ argument, has the Supreme Court stifled the use of data protection actions in future in relation to certain threats to online private information emanating from the tech companies? …” (more)
[Helen Fenwick, Inforrm’s Blog, 22 February]
First posted 2022-02-22 17:00:12
Leave a Reply