Insights

Page 12 (of 13)…

• The right to be forgotten: Have we become… forgetful?

  

  At a recent event, we were asked how a data subject’s right to erasure (right to be forgotten) under the General Data Protection Regulation (GDPR) impacted internet search engines other than Google, such as Bing and Yahoo. That question, including the fact that it was asked, raises a number of issues that we discuss in this article.

• Stocker v Stocker: Supreme Court decision on meaning

  

  The Supreme Court rejected the Court of Appeal’s interpretation of the comment “he tried to strangle me” posted by the Defendant about her ex-husband to his new partner’s Facebook page.

• A closer look at the public interest defence

  

  Is there a right to get “matters of public interest” reporting wrong?

• Will attempts to crack down on “gagging” clauses and NDAs work?

  

  Following the #metoo scandal and the discovery of the repeated use of non-disclosure agreements (NDAs) by Arcadia as a result of racial and sexual harassment allegations against Phillip Green by former employees, some kind of Government intervention into the use of these agreements was anticipated.

• Selecting the right reputational strategy during a data breach

  

  The two most harmful elements of a data breach are (i) the financial cost of rectifying the situation; and (ii) harm to reputation and trust. The two elements are obviously linked. This note considers a few of the key legal considerations in crafting an optimal PR strategy during a data breach.

• Sorry seems to be the hardest word (to master)

  

  The key measure of reputation risk is the gap between stakeholders’ expectations and reality.