British Pregnancy Advisory Service v The Person Using the Alias "Pablo Escobar"

British Pregnancy Advisory Service v The Person Using the Alias "Pablo Escobar"

The claimant was likely to establish at trial that the information was private and confidential, had been unlawfully obtained, and should not be published. There were compelling reasons not to contact the defendant in advance due to the nature of the attack and the risk of further disclosure. The requirements of section 12(2) of the Human Rights Act 1998 were satisfied.

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
Civil / Interim Application for Non Disclosure Order Prior to Trial
Outcome
Interim Non-Disclosure Order granted
Legal Topics
Interim Injunctions, Non Disclosure Orders, Data Protection, Cybercrime
Privacy Law Information Technology Law Interim Injunctions Non Disclosure Orders Data Protection Cybercrime

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

British Pregnancy Advisory Service

Claimant

The Person using the Alias “Pablo Escobar”

Defendant

Procedural Posture

Civil / Interim Application for Non Disclosure Order Prior to Trial

Legal Issues

  1. 1 Whether the claimant's confidential information should be protected by an interim non-disclosure order following a cyber attack
  2. 2 Whether the requirements for a without notice hearing and order were satisfied

Ratio Decidendi

The claimant was likely to establish at trial that the information was private and confidential, had been unlawfully obtained, and should not be published. There were compelling reasons not to contact the defendant in advance due to the nature of the attack and the risk of further disclosure. The requirements of section 12(2) of the Human Rights Act 1998 were satisfied.

Court Disposition

Interim Non-Disclosure Order granted

Orders

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