I have just published “Closing off the Warren of Negligence Claims for Data Breaches” in Damian Clifford, Kwan Ho Lau & Jeannie Marie Paterson (editors) Data and Private Law (Hart Studies in Private Law, Bloomsbury, 2003) chapter 10; pp161-174 (available via SSRN). Here is the abstract:
Large databases of personal data
Eoin O'Dell
Another Tale of Two Toms – Restitution of Mistaken Payments, and Interceptive Subtraction, again
Actor Tom Hollander (imdb | wikipedia | image source) told an anecdote to Seth Meyers on the Late Night tv show (geoblocked NCB clip | YouTube clip), about when he received a bonus payslip meant for actor Tom Holland (imdb | wikipedia | image source). At the time, the…
Identifiability in defamation, data protection, and privacy cases
In an earlier post, I considered the settlement in Carey v Independent News & Media and the status of Bloomberg v ZXC [2022] AC 1158, [2022] UKSC 5 (16 February 2022) in Ireland. According to media reports this time last week, a case similar to Carey may very well be brewing:
Sinn Féin TD…
Promontoria (Oyster) DAC v Kean
The regular reader (thank you!) of this blog will know that I like to add an image at the start of most posts. Sometimes, it takes a while to find something appropriate. When searching for a suitable image for Promontoria (Oyster) DAC v Kean [2023] IECA 181 (17 July 2023), I was reminded that oysters…
Of stalking horses and dogs that did not bark: 303 Creative LLC v Elenis, standards of review, commercial speech, and the end of the beginning of the modern First Amendment
The opinion of Gorsuch J for the US Supreme Court in 303 Creative LLC v Elenis 600 US __ (2023) (Opinion (pdf) | Justia) has been widely welcomed on the US political right as a victory religious rights and just as broadly deplored on the US political left as a defeat for LGBTQ+…
The settlement in Carey v Independent News & Media and the status of Bloomberg v ZXC in Ireland
After a long and distinguished career as a popular public servant, first as a councillor, then then as a TD, and finally as a Minister, Pat Carey (pictured left) is now a public affairs consultant. On 11 and 12 November 2015, the Irish Independent reported that a Garda investigation was under way into…
Recent developments with traffic data retention
In my post on the Communications (Retention of Data) (Amendment) Act 2022: ignore the warnings, legislate in haste, repent at leisure, I sketched how the Government came to enact Communications (Retention of Data) (Amendment) Act 2022 (also here) last Summer.
Since then, there have been several developments.
First, the 2022 Act was intended…
Cúigiú lá breithe shona don RGCS
Lá breithe shona duit,Lá breithe shona duit,Lá breitha shona don RGCS,Lá breithe shona duit!
The Communications (Retention of Data) (Amendment) Act 2022: ignore the warnings, legislate in haste, repent at leisure – update
The headline in the Irish Examiner is stark: “European Commission says Ireland’s new data law may be ‘inapplicable’.” Cianan Brennan reports that the European Commission “has dismissed Ireland’s new controversial data retention law as possibly ‘inapplicable and unenforceable’, as it was not submitted to the commission before its enactment”. The legislation in question is the…
Another heckler’s veto in Trinity
The following story caught my eye in this morning’s Irish Times [with added links]:
Talk by controversial UK preacher at Trinity College cancelled over security fears
By Colin GleesonA talk by a UK preacher at an event at Trinity College Dublin on Friday has been cancelled due to security fears.
Mohammed Hijab had been due…