CG v Facebook Ireland Ltd & Anor [2016] NICA 54 (21 December 2016)

CG v Facebook Ireland Ltd & Anor [2016] NICA 54 (21 December 2016)

Facebook was not liable in damages for misuse of private information because it did not have actual knowledge or awareness of facts making the unlawfulness of the postings apparent under the e-Commerce Directive and 2002 Regulations. The information posted (name, photograph, conviction, general area) did not, individually or cumulatively, attract a reasonable expectation of privacy in the absence of specific threats or identification of address. The correspondence from the claimant's solicitors did not provide sufficient notice of the alleged unlawfulness. Facebook was not established in the UK for the purposes of the Data Protection Act 1998. The injunction to remove the page was...

Citation
[2016] NICA 54
Parties
Plaintiff/respondent and Cross Appellant: CG; Defendant/appellant and Respondent to Cross Appeal: Facebook Ireland Limited; Defendant/appellant and Respondent to Cross Appeal: Joseph McCloskey
Jurisdiction
Northern Ireland
Judgment Date
21 December 2016
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal and Cross Appeal
Outcome
Appeal allowed in part; cross-appeal dismissed
Legal Topics
Misuse of Private Information, Harassment, Data Controller Liability, E Commerce Directive, Notice and Take Down Procedures, Reasonable Expectation of Privacy, Open Justice Principle
Tort Law Data Protection Information Technology Law Human Rights Misuse of Private Information Harassment Data Controller Liability E Commerce Directive +3 more

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Parties

CG

Plaintiff/respondent and Cross Appellant

Facebook Ireland Limited

Defendant/appellant and Respondent to Cross Appeal

Joseph McCloskey

Defendant/appellant and Respondent to Cross Appeal

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether Facebook is liable in damages for misuse of private information posted by third parties on its platform
  2. 2 Whether Facebook had actual knowledge or awareness of facts making the information's unlawfulness apparent under the e-Commerce Directive and 2002 Regulations
  3. 3 Whether Facebook is a data controller established in the UK under the Data Protection Act 1998

Ratio Decidendi

Facebook was not liable in damages for misuse of private information because it did not have actual knowledge or awareness of facts making the unlawfulness of the postings apparent under the e-Commerce Directive and 2002 Regulations. The information posted (name, photograph, conviction, general area) did not, individually or cumulatively, attract a reasonable expectation of privacy in the absence of specific threats or identification of address. The correspondence from the claimant's solicitors did not provide sufficient notice of the alleged unlawfulness. Facebook was not established in the UK for the purposes of the Data Protection Act 1998. The injunction to remove the page was...

Court Disposition

Appeal allowed in part; cross-appeal dismissed

Orders

  • Injunction against Facebook to terminate the 'Predators 2' page upheld as a remedy for harassment by McCloskey
  • No damages awarded against Facebook for misuse of private information