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A short time after the judgment in Centrum för Rättvisa v. Sweden (see IRIS 2018-8/3), the European Court of Human Rights (ECtHR) has delivered a new judgment on the bulk interception of communications and intelligence sharing. This time, the ECtHR has found several violations of the European Convention on Human Rights (ECHR) in the United Kingdom’s regime for bulk interception of communications, including a violation of the right of journalists to protect their sources. It is important, however, to underscore that the UK has updated its surveillance rules under new legislation, the Investigatory...

On 13 July 2018, Ofcom, the UK communications regulator, published two qualitative research reports on people’s attitudes towards online news consumption. The purpose of the research was to acquire a more detailed understanding of the behaviours sitting behind the increase in the number of people accessing the news via online platforms in order to inform policy considerations. Respondents, who were selected to represent a cross-section of the United Kingdom, were asked to complete a combination of online pre-tasks as well as a set of activities on their media use. The data captured was followed...

The BBC breached Rule 1.28 of Ofcom’s Code of Conduct for broadcasting undercover footage using the real name of an under-eighteen-year-old during an edition of their Panorama current affairs programme. However, the BBC was not considered in breach for not taking immediate intervening action as neither of them were considered to be at immediate risk of substantial harm.   In January 2016, the BBC’s Panorama programme examined evidence of young people in the Medway Secure Training Centre (MSTC) - then being operated by the private security company G4S - being allegedly mistreated, bullied and hurt...

Ofcom, the UK communications regulator, in separate decisions concerning the prominent display of the Rolex logo during the coverage of the qualifying laps for the Formula One (F1) 2016 Singapore Grand Prix, held that Sky Sports FI HD (Sky) was not in breach of Rule 9.5 Code of Conduct concerning the prominent display of a product, service or trade mark during a programme; however, Ofcom held Channel 4 in breach for the undue prominent display of the Rolex logo during their edited highlights programme. Sky and Channel 4 were licensees of the F1 coverage with Formula One Management Limited (FOM)...

In 2017, the Information Commissioner’s Office (ICO) launched a formal investigation into the use of data analytics for political purposes, and the investigation is expected to continue until October 2018. On 11 July 2018, the ICO published a progress report as well as a second report, Democracy Disrupted: Personal information and political influence, which sets out a number of policy recommendations arising from the investigation so far. Of the actions detailed by the progress report, the most high-profile is the one against Facebook. The ICO issued a Notice of Intent to fine it GBP500 000, the...