British Pregnancy Advisory Service v The Person Using the Alias "Pablo Escobar" [2012] EWHC 572 (QB) (12 March 2012)

British Pregnancy Advisory Service v The Person Using the Alias "Pablo Escobar" [2012] EWHC 572 (QB) (12 March 2012)

The claimant was likely to establish at trial that the information was private and confidential, unlawfully obtained, and should not be published. There were compelling reasons for not notifying the defendant in advance due to the nature of the attack and risk of further harm. The requirements of section 12(2) of the Human Rights Act 1998 were satisfied, justifying the grant of an interim non-disclosure order.

Citation
[2012] EWHC 572 (QB)
Parties
Claimant: British Pregnancy Advisory Service; Defendant: The Person using the Alias "Pablo Escobar"
Jurisdiction
England and Wales
Judgment Date
12 March 2012
Procedural Posture
Interim Non Disclosure Order Application / Pre Trial, Ex Parte Hearing
Outcome
Interim non-disclosure order granted
Legal Topics
Interim Injunctions, Confidential Information, Cyber Attacks, Non Disclosure Orders
Privacy Law Information Technology Law Interim Injunctions Confidential Information Cyber Attacks Non Disclosure Orders

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Parties

British Pregnancy Advisory Service

Claimant

The Person using the Alias "Pablo Escobar"

Defendant

Procedural Posture

Interim Non Disclosure Order Application / Pre Trial, Ex Parte Hearing

Legal Issues

  1. 1 Whether an interim non-disclosure order should be granted to protect unlawfully obtained confidential information following a cyber attack

Ratio Decidendi

The claimant was likely to establish at trial that the information was private and confidential, unlawfully obtained, and should not be published. There were compelling reasons for not notifying the defendant in advance due to the nature of the attack and risk of further harm. The requirements of section 12(2) of the Human Rights Act 1998 were satisfied, justifying the grant of an interim non-disclosure order.

Court Disposition

Interim non-disclosure order granted

Orders

  • The defendant is restrained from using or disclosing the unlawfully obtained information for a short period to allow police investigation and claimant notification of affected individuals.