Tag Archives: Court of Appeal

UK’s Court of Appeal assesses territorial scope of GDPR

In a judgment handed down by the UK Court of Appeal on 21 December 2021 ([2021] EWCA Civ 1952, available here), Walter Soriano, the claimant, was granted his cross-appeal, giving him permission to serve Forensic News LLC and four other defendants in the United States with proceedings under the General Data Protection Regulation (GDPR). The … Continue Reading

Defamation and Data Protection: a twin-barrelled approach to claims against publishers

In the recent case of Prince Moulay Hicham v Elaph Publishing Limited, the Court of Appeal held in a unanimous decision that a claimant could include an action under the UK Data Protection Act 1998 (‘DPA’) as an alternative means of redress. To read our full client alert in relation to this judgment, please click … Continue Reading

California Courts Limit Liability for Lost Medical Information

This post was also written by Joshua B. Marker. A panel of the Court of Appeal limited the private right of action under the California Confidentiality of Medical Information Act, Civil Code § 56 et seq. (“CMIA”), holding that alleging negligent maintenance and loss of possession of confidential information is insufficient to state a cause … Continue Reading

UK Court of Appeal limits typical damages for a data protection breach to £751

This post was written by Cynthia O’Donoghue. The UK Civil Division of the Court of Appeal ruled in favour of an individual data subject on the point of damages under the Data Protection Act 1998 (DPA), but limited the award to £751 GBP. The judgment in Halliday v. Creation Consumer Finance Limited, [2013] EWCA Civ … Continue Reading