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Contributing editor John McGroarty has prepared a comprehensive Strasbourg case law update for February 2010, which can be downloaded here:
Art. 02 Right to Life, Art. 03 Prohibition of Torture, Art. 05 Right to Liberty and Security, Art. 06 Right to a Fair Trial, Art. 08 Right to Private and Family Life, Art. 11 Freedom of Assembly and Association, Art. 13 Effective Remedy, Protocol 1, Art. 1 Right to Private Property, Strasbourg Case LawArticles in: Protocol 1, Art. 1 Right to Private Property
Ministry of Justice Consultation on the introduction of criminal offences for knowing or reckless misuse of personal data
December 10, 2009 | No CommentsThe Ministry of Justice is consulting on whether custodial sentences should be introduced where there has been a knowing or reckless misuse of personal data, contrary to s55 of the Data Protection Act 1998. The consultation also proposes creating a new s55 defence where the purpose is for journalism, literature and art.
This consultation began on 15th October 2009 and closes …
ePrivacy Directive Close To Enactment: Improvements on Security Breach, Cookies and Enforcement
November 22, 2009 | No CommentsThe EC Commission has announced that the ePrivacy Directive (Directive 2002/58) should be implemented by the Member States within 18 months.
Art. 08 Right to Private and Family Life, Data Protection and Freedom of Information, Intellectual Property Law, Protocol 1, Art. 1 Right to Private PropertyISP Indirect Copyright Liability: Conflicts of Rights on the Internet
November 22, 2009 | No Commentsby Weixiao Wei (University of Strathclyde)
This article assesses the conflicts between the indirect copyright liability of internet service providers (ISPs) and other aspects of society, whether such conflicts are inevitable and how laws should be amended to achieve a proper balance between competing interests.
S v Criminal Injuries Compensation Board
April 29, 2009 | No CommentsIt was held that a claim for Criminal Injuries Compensation which was specifically excluded by the rule 7(b) of the 1996 scheme (which provided that “No compensation will be paid under this Scheme … where the criminal injury was sustained before 1 October 1979 and the victim and the assailant were living together at the time as members of the …
Criminal Law and Criminal Procedure, Protocol 1, Art. 1 Right to Private Property