Our annual workshop and lecture – held earlier this month – brought together a wide range of legal academics, lawyers, policy-makers and interested parties to discuss the future of human rights and digital information control.
A number of key themes emerged in our panel sessions including the tensions present in balancing Article 8 and Article 10 rights; the new algorithmic and informational power of commercial actors; the challenges for law enforcement; the liability of online intermediaries; and future technological developments.
The following write up of the event offers a very brief summary report of each panel and of Rosemary Jay’s evening lecture.
Panel A: Social media, online privacy and shaming
Helen James and Emma Nottingham (University of Winchester) began the panel by presenting their research (with Marion Oswald) into the legal and ethical issues raised by the depiction of young children in broadcast TV programmes such as The Secret Life of 4, 5 and 6 Year Olds. They were also concerned with the live-tweeting which accompanied these programmes, noting that very abusive tweets could be directed towards children taking part in the programmes.
The Advocate General’s Opinion in the recent Watson/Tele2 case re-emphasises the importance of considered justification for the collection and storage of personal data which has implications for a variety of data retention regimes. In this post, Lorna Woods, Professor of Internet Law at the University of Essex, considers the legal position of the system used to capture and store vehicle number plates in the UK.
The Data Retention Landscape
Since the annulment of the Data Retention Directive (Directive 2006/24/EC) (DPD) with Digital Rights Ireland (Case C-293/12), it has become clear that the mass retention of data – even for the prevention of terrorism and serious crime – needs to be carefully justified. Cases such as Schrems (Case C-362/14) and Watson/Tele2 (Case C-698/15) re-emphasise this approach. This trend can be seen also in the case law of the European Court of Human Rights, such as Zakharov v. Russia (47143/06) and Szabo v Hungary (11327/14 and 11613/14).
Not only must there be a legitimate public interest in the interference in individuals’ privacy and data protection rights, but that interference must be necessary and proportionate. Mechanisms must exist to ensure that surveillance systems are not abused: oversight and mechanisms for ex ante challenge must be provided. It is this recognition that seems part of the motivation of the Investigatory Powers Bill currently before Parliament which deals – in the main – with interception and surveillance of electronic communications.
Yet this concern is not limited to electronic communications data, as the current case concerning passenger name records (PNR) data before the Court of Justice (Opinion 1/15) and other ECtHR judgments on biometric data retention (S and Marper v. UK (30562/04 and 30566/04)) illustrate. Despite the response of the UK government to this jurisprudence, there seems to be one area which has been overlooked – at least with regard to a full oversight regime. That area is automated number plate recognition (ANPR) and the retention of the associated data. Continue reading
Christina Angelopoulos is a post-doc researcher at the Information Law and Policy Centre of the University of London. She wrote her PhD on intermediary liability in copyright at the Institute for Information Law (IViR) of the University of Amsterdam. In the following piece, she analyses the recent judgment of the ECtHR in MTE v Hungary. The post was originally published on the Kluwer Copyright Blog.
On 2 February 2016, the European Court of Human Rights (ECtHR) delivered its first post-Delfi judgment on the liability of online service providers for the unlawful speech of others. Somewhat puzzlingly, the Court reached the opposite conclusion from that of last summer’s controversial Grand Chamber ruling, this time finding that a violation of Article 10 of the European Convention on Human Rights (ECHR) had occurred through the imposition of liability on the applicant providers. While in principle therefore the judgment is good news for both internet intermediaries and their end-users, the ruling does little to dispel the legal uncertainty that plagues the area: attempting to reverse and head off in the right direction, the Court still finds itself falling over the stumbling blocks it set out for itself last year. [To continue reading the rest of the post on the Kluwer Copyright Blog, click here.]