Latest Entries

BKM Ltd v British Broadcasting Corporation (2009)

[2009] EWHC 3151 (Ch)
While clandestine filming undertaken by the BBC with a view to exposing failings in a care home for the elderly might have seriously infringed residents’ rights to privacy under the European Convention on Human Rights 1950 art.8, it would not give rise to a sufficiently serious infringement of privacy rights to outweigh rights to freedom of expression …

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Art. 08 Right to Private and Family Life, Art. 10 Freedom of Expression, Data Protection and Freedom of Information, Media Law, Misc.

Ministry of Justice Consultation on the introduction of criminal offences for knowing or reckless misuse of personal data

The 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 …

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Data Protection and Freedom of Information, Protocol 1, Art. 1 Right to Private Property, Regulatory and Disciplinary Law

Judges find in favour of Councils in Freedom of Information ruling

The Inner House of the Court of Session has ruled that the Scottish Information Commissioner did not treat Glasgow and Dundee City Councils fairly, when deciding Freedom of Information cases involving land sales records.  The Councils were instructed to release this information but successfully appealed the decision of the Commissioner.
It was held that “The requests were invalid in that they …

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Data Protection and Freedom of Information, Misc.

Rights and Responsibilities: Civic Duty and the Rule of Law

The 2009 Denning Lecture, delivered by Lord Neuberger of Abbotsbury Mr
To read the speech in full, please click here.

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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. 07 No Punishment without Law, Misc.

The Idea of Public Interest Litigation in Scots Law

This talk was delivered by Aidan O’Neill QC, at:
Public Interest Litigation and Legal Aid in Scotland: A collaborative seminar between Scottish Human Rights Law Group, Environmental Law Centre Scotland, and The Centre for International Public Health Policy.
“It cannot be said that the Scottish judiciary has been a major agency of change in the last hundred years. The House …

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Art. 34 Victim Status, Civil Procedure, Commentaries

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.