Data Protection – A Warning To Bloggers!

In the recent case of AB and Others v Syvret [2013] JLC 170, the Royal Court had to consider for the first time in Jersey (in a civil context) the impact of the regulatory regime in Jersey under the Data Protection (Jersey) Law 2005 (the DPL) upon online blog sites.

It further had to determine important subsidiary issues such as the on-going tension between the European Convention right to free speech on the one hand, and the Convention right to privacy and the rights of individuals under the DPL on the other. The case also led to the Court providing further guidance and observations on the governing principles in relation to in private hearings reporting restrictions, and contempt of court issues.

High Profile

The case was relatively high profile in the Island as it concerned the operation by the Respondent who was a former member of the States of Jersey (the Jersey Parliament) and who had served as a member of the Jersey Government. The Respondent has operated a certain blog site (the Blog) in which he repeatedly identified a number of individuals and alleged they had amongst other things engaged in extreme criminal behaviour. Certain of the individuals (the Representors) with the assistance of the Data Protection Commissioner, 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 seeking orders that the Respondent should cease processing the data and that the material already on the Blog should be deleted.

The Court ordered at an early stage that, notwithstanding the general importance of ensuring that proceedings in court take place in public, in the unusual circumstances of the case all the hearings should be held in private. The Court 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 for injunctive relief would be defeated.

The Court granted the injunctive relief sought and made some important findings of general application as follows:

The DPL extended to posts on blog sites. The Court held that Jersey law should give a wide meaning to the term "data" to include information captured and/or held in audio visual and...

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