Data Protection Commissioner Publishes Report into the Hospitals Sector

The Data Protection Commissioner's office has recently published a report entitled "Data Protection Investigation in the Hospitals Sector". A full copy of the report is available to view here. The report was was compiled following an investigation undertaken in 2017 by the office's Special Investigation Unit (SIU). The investigation took place [...]

By |2019-10-18T10:23:48+00:00May 22nd, 2018|data protection, Data Protection Commissioner, latest news, Litigation, Privacy|Comments Off on Data Protection Commissioner Publishes Report into the Hospitals Sector

Data Protection Prosecution with Sentence of 2 years For Sale of Personal Information Welcomed

Assistant Data Protection Commissioner, Tony Delaney, has recently welcomed the outcome of prosecution proceedings which concluded at Letterkenny Circuit Court and which were taken by An Garda Síochána against a former civil servant. In this case the defendant was accused of a number of charges of receiving corrupt payments between [...]

By |2019-10-18T10:24:31+00:00January 31st, 2018|data protection, latest news, Litigation, Privacy, private investigator|Comments Off on Data Protection Prosecution with Sentence of 2 years For Sale of Personal Information Welcomed

Privacy and Electronic Communications – European Commission proposes new legislation

A full copy of the press release is available to view here.  According to the Press Release, "The proposed Regulation on Privacy and Electronic Communications will increase the protection of people's private life and open up new opportunities for business: New players: 92% of Europeans say it is important that [...]

By |2019-10-18T10:24:34+00:00January 16th, 2017|data protection, latest news, Privacy|Comments Off on Privacy and Electronic Communications – European Commission proposes new legislation

Data Protection – Is an Exam Script Personal Data?

The recent case of Peter Nowak v The Data Protection Commissioner [2016 IESC 18] asks the interesting question of whether an exam script is personal data for the purposes of the Data Protection Act 1988 (as amended). This question has now been passed to the European Court of Justice for determination. [...]

By |2019-10-18T10:25:27+00:00May 9th, 2016|Appeal, Blog, Circuit Court, data protection, European Court of Justice, latest news, Litigation, Privacy, Supreme Court|Comments Off on Data Protection – Is an Exam Script Personal Data?

Facebook posting and demotion – English High Court rules in favour of Employee but expresses “real disquiet” about the financial award

The recent English decision of Mr Adrian Smith  v Trafford Housing Trust [2012 EWHC 3221 (Ch) delivered by Justice Briggs in November 2012 sheds further light on the explosion of social media and how it impacts on the workplace. This case is one to watch as it concerns a breach of contract action, which [...]

By |2019-10-18T10:19:25+00:00March 19th, 2013|Constructive Dismissal, Contracts of Employment, Facebook, Freedom of Expression, latest news, Privacy, social media, Unfair Dismissal|Comments Off on Facebook posting and demotion – English High Court rules in favour of Employee but expresses “real disquiet” about the financial award

Data Protection and proposals for “one stop shop”

It is proposed under new EU rules that Ireland's Data Protection Commission may be set to become the lead agency for regulating companies such as Facebook and Google across Europe. In a proposed overhaul by the EU Commission of data protection rules, companies will have to contact fewer regulators for [...]

By |2019-10-18T10:17:03+00:00January 9th, 2013|data protection, Privacy, social media|Comments Off on Data Protection and proposals for “one stop shop”

Social Privacy Bill passed by Californian Senate this week

On Tuesday of this week, the Californian Senate unanimously passed the Social Privacy Bill which will prohibit Colleges and Universities from requesting access to student's social media accounts. Governor Jerry Brown has until 30th September 2012 to sign or veto the Bill. As outlined in my recent blog posts, there [...]

By |2019-10-18T10:16:21+00:00August 24th, 2012|Privacy, social media|Comments Off on Social Privacy Bill passed by Californian Senate this week

Illinois second state to ban employers from requesting social network usernames or passwords

Illinois has become the second state after Maryland in the US to ban employers from asking employees or job candidates for their Facebook or other social networking account information. Several other states are also considering bans, including Washington, Delaware and New Jersey. This week, Illinois Govenor Pat Quinn signed into law [...]

By |2019-10-18T10:16:21+00:00August 2nd, 2012|Privacy, social media|Comments Off on Illinois second state to ban employers from requesting social network usernames or passwords

UK employer liable for facebook status “finally came out of the closet” “hijack” of ex-employee by colleagues

I recently came across this case of the London South Employment Tribunal of 19th June 2012 whilst doing some research for a presentation I am doing for Legal Island later this year. The UK case of Otomewo v Carphone Warehouse [2012] EqLR 724 again demonstrates that employers can be held vicariously liable for discriminatory [...]

By |2019-10-18T10:16:00+00:00July 22nd, 2012|Equality, Privacy, social media|Comments Off on UK employer liable for facebook status “finally came out of the closet” “hijack” of ex-employee by colleagues

Twitter ordered to hand deleted tweets of user arrested during occupy wallstreet demonstration

Interesting article (link attached here) reporting case in Manhattan on July 2nd whereby Twitter ordered to turn over some of deleted tweets of a user who was arrested in October 2011 during an Occupy Wall Street demonstration. Although Twitter opposed the application, the Judge remained firm except to limit what [...]

By |2019-10-18T10:16:00+00:00July 12th, 2012|Privacy, social media|1 Comment

New Louisiana law requires sex offenders/child predators to state their criminal status on Facebook

Interesting report on CNN The new Louisiana law states that sex offenders and child predators "shall include in his profile for the networking website an indication that he is a sex offender or child predator and shall include notice of the crime for which he was convicted, the jurisdiction of [...]

By |2019-10-18T10:15:38+00:00June 26th, 2012|Facebook, Privacy, social media|Comments Off on New Louisiana law requires sex offenders/child predators to state their criminal status on Facebook

Did Google dodge another bullett?

Interesting article on whether Google through gathering data for it's Google Maps Street View Cars was involved in significant breaches of data protection and privacy laws. After its 17 month investigation, it was concluded that Google did not engage in illegal wiretapping because the data (obtained through unencrypted wi fi routers) was [...]

By |2019-10-18T10:15:39+00:00June 16th, 2012|data protection, google, Privacy|Comments Off on Did Google dodge another bullett?

Maryland Bill prohibiting employers for seeking social media passwords expected to take effect on 1 October 2012

During a recent talk in Deloitte on "Social Media and the Law", I spoke about the fact that Maryland became the first state in the US to ban employers from asking both employees and job applicants for their social media passwords.  The bill, which passed both houses of Maryland’s legislature, is expected to be [...]

By |2019-10-18T10:15:39+00:00June 16th, 2012|passwords, Privacy, social media|Comments Off on Maryland Bill prohibiting employers for seeking social media passwords expected to take effect on 1 October 2012

Google settles French Author’s group legal dispute over the scanning of copyright related books

Google has ended a legal dispute with a French authors' group over the US company's scanning of books, reported in the Irish times today. It is reported that Google will financially support the SGDL (Society of Authors') development of a database of book authors and right-owners to settle legal proceedings over [...]

By |2019-10-18T10:15:40+00:00June 11th, 2012|copyright, google, Privacy, social media|Comments Off on Google settles French Author’s group legal dispute over the scanning of copyright related books

Data Protection Commissioner Report highlights shift in complaints and new rules for private investigators

I thought it would be useful to set out some of the key findings of the Data Protection Commissioner's report of 2011 published recently on 30th April 2012. Of interest at the outset are comments by the Data Protection Commissioner, Billy Hawkes who notes a shift in the nature and type of complaints [...]

By |2019-10-18T10:15:19+00:00June 5th, 2012|data protection, Privacy, private investigator|Comments Off on Data Protection Commissioner Report highlights shift in complaints and new rules for private investigators