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[ 17 Jul 2014 | Comments Off ]
Google “Right to be forgotten” – freedom of expression v privacy

By Caroline Benham
In the context of the draft EU General Data Protection Regulations (the Draft Regulations) – which will replace the current EU Data Protection Directive 95/46/EC (the Directive) – should the European Court of Justice’s (ECJ) Google Spain “Right to be forgotten” ruling be welcomed? Is it testing the “right to be forgotten” contained in the Draft Regulations before it is enshrined in legislation, or does it simply amount to the clumsy implementation of a “new” right without a democratic debate on its wider implications?
Whatever the answer, the ruling has polarised …

Blog, Human Rights, Uncategorized »

[ 7 Jul 2014 | Comments Off ]
Assisted suicide – are changes on the horizon?

The Supreme Court considered two appeals together, concerning three appellants who had suffered from permanent and catastrophic physical disabilities and wished to die at the time of their choosing. However, they were not physically capable of ending their own life unaided. The court considered, among other things, whether the Suicide Act 1961, s 2 infringed the appellants’ rights under the European Convention on Human Rights, art 8 (ECHR).
What were the issues before the court?
Rosa Curling (RC): This appeal concerned three severely disabled men who want (or wanted) to die.
Mr Nicklinson …

Family, Uncategorized »

[ 3 Jul 2014 | Comments Off ]
Can DNA profiles at a murder scene be used to establish paternity?

What was the challenge before the court?
Re Z (Children) concerned an application in ongoing care proceedings for the Metropolitan Police to provide copies of DNA profiles held by them. The application was made by the children’s guardian and brought so that the paternity of the children could be determined. This issue arose as although the man alleged to be the children’s father (referred to in the judgment as X) insisted he was so, he refused to consent to DNA testing. X was seeking a role in the children’s lives.
The children’s mother …