Bloggers And Data Protection - New Law And Judicial Guidance In Jersey

The rapidly developing social media landscape is increasingly giving rise to challenging issues particularly in respect of alleged breaches of privacy and the use and misuse of personal information.

In the case of AB & Ors v Syvret [2013] JRC 170, published this week, the Court considered for the first time in Jersey (in a civil context) the impact of the Data Protection (Jersey) Law 2005 ("the DPL") on online blog sites, together with important ancillary issues such as the tension between on the one hand the right to free speech and the right to privacy and the rights of individuals under the DPL on the other.

The case has also provided further guidance and observations on the principles relating to in private hearings and reporting restrictions. The case concerned the operation by the Respondent of a certain blog site ("the Blog") which identified a number of individuals who then became the targets of extreme allegation, comment and abuse via postings on the Blog.

Certain of the individuals ("the Representors") served Stop Processing Notices on the Respondent under Article 10 of the DPL alleging that the Respondent's actions in connection with the Blog were causing them substantial damage and distress and requiring him to cease processing their personal data.

The Respondent failed to comply with the Notices and the Representors brought the proceedings (having been provided with assistance by the Data Protection Commissioner by virtue of her powers under Article 53 of the Law) seeking orders that the Respondent should cease processing their personal data and that the material already on the Blog should be deleted.

An interim injunction was granted against the Respondent pending final resolution of the matter at substantive hearing. The Court ordered that all future hearings should be held in private as it was satisfied that if any publicity were to be given to the facts of the case (including the nature of the relief sought and the evidence given), then the object of the application would be defeated.

At the substantive hearing the Court undertook a thorough review of the DPL and the way in which it applied to those who own, operate and use blog sites.

Unusually, the Respondent chose not to engage with any part of the court process with the result that the Representors had to place before the Court every conceivable argument which the Respondent might have raised had he filed contentions or appeared at the Hearing.

There were a number of...