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17 Nov 2021, 6:34 am by Chloe Pettiti
In relation to the first question, the Supreme Court said it was correctly held in the Court of Appeal decision in Vidal-Hall v Google [2015] EWCA Civ 311 that section 13 of the DPA could not be construed as providing a general right to compensation for distress suffered as a result of a breach of the DPA “without contradicting the cl [read post]
10 Nov 2021, 3:29 am by INFORRM
This argument was founded on the Court of Appeal’s judgment in the case of Gulati v MGN, which concerned systematic phone hacking by journalists from the Mirror Group. [read post]
21 Jan 2021, 4:36 pm by INFORRM
Alternatively, such proceedings may be brought before the courts of the Member State where the data subject has his or her habitual residence, unless the controller or processor is a public authority of a Member State acting in the exercise of its public powers. [read post]
19 Dec 2019, 4:11 pm by INFORRM
In the same way that Collins is undermined by the subequent decisions in Google Inc v Vidal-Hall [2016] QB 1003, [2015] EWCA Civ 311 (27 March 2015) and Case C–362/14 Schrems v Data Protection Commissioner (ECLI:EU:C:2015:650; CJEU, 6 October 2015), so Murphy is undermined by the subsequent decisions in Lloyd v Google LLC [2019] EWCA Civ 1599 (02 October 2019) and Case… [read post]
18 Dec 2019, 4:08 pm by INFORRM
He gave Article 23 DPD a very narrow reading, contrary to CJEU decisions such as Case C–168/00 Leitner v TUI Deutschland GmbH [2002] ECR I–1631 (ECLI:EU:C:2002:163; ECJ, 12 March 2002), which held that compensation for “damage” must include both material and non-material damage, that is, both actual damage and distress (see also Case C-63/09 Walz v Clickair SA [2010] ECR I 4239 (ECLI:EU:C:2010:251; CJEU, 6 May 2010); Case… [read post]
12 Nov 2019, 2:17 pm by Mark Walsh
Vidal case out of New York City, one of several consolidated cases before the justices today. [read post]
9 Oct 2019, 2:05 am by INFORRM
Background Following the seminal case of Google Inc v Vidal-Hall [2015] EWCA Civ 311, this is the second significant piece of litigation arising from Google’s use of the so-called “Safari Workaround” in 2011-2012. [read post]