This chapter examines the rights of data subjects under GDPR and the role of the state in supervising data controllers. It examines data subject rights, including the subject access right and the right to correct and manage personal data. It deals with the development of the so-called Right to be Forgotten and the Mario Costeja González case. It examines the current supervisory regime, including the role of the Information Commissioner’s Office and the enforcement rights of data subjects. Key cases, including Durant v The Financial Services Authority, Edem v IC & Financial Services Authority, Dawson-Damer v Taylor Wessing, and Ittihadieh v 5–11 Cheyne Gardens are discussed, and the chapter concludes by examining the enhanced enforcement rights awarded to the Information Commissioner’s Office by the General Data Protection Regulation in 2018.
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This chapter examines antisocial conduct in social media platforms (SMPs), such as Facebook and Twitter, and how it has spawned cases of defamation, blasphemy, and incitement to violence. It first considers how social networking breeds gossip and speculation leading to invasion of privacy, citing the Ryan Giggs case in 2011 and its legal implications of postings on SMPs. After discussing the Neuberger report and the joint committee on privacy and injunctions, the chapter looks at use of SMPs to make criminal threats and organize criminal activity, focusing on the Paul Chambers case and the Facebook riot cases in England. It then analyses cyberbullying, trolling, and harassment on SMPs, concluding with an assessment of the controversial movie that appeared on YouTube entitled ‘Innocence of Muslims’.
Chapter
This chapter examines the rights of data subjects under GDPR (and UK GDPR) and the role of the state in supervising data controllers. It examines data subject rights including the subject access right and the right to correct and manage personal data. It deals with the development of the so-called right to be forgotten in the Mario Costeja González case and its application in cases such as NT1 & NT2 v Google. It examines the current supervisory regime including the role of the Information Commissioner’s Office and the enforcement rights of data subjects. Key cases, including Durant v The Financial Services Authority, Edem v IC & Financial Services Authority, Dawson-Damer v Taylor Wessing, and Ittihadieh v 5-11 Cheyne Gardens are discussed, and the chapter concludes by examining the enhanced enforcement rights awarded to the Information Commisioner’s Office by the General Data Protection Regulation in 2018.
