Fair or flawed? Transposing defamation principles into a data case (Pacini v Dow Jones)
Information Law analysis: Pacini v Dow Jones is a significant judgment for practitioners dealing with data protection, defamation and media law. It provides a detailed discussion in which the High Court addresses the intersection of these areas of law and considers the implications of applying defamation principles such as the ‘single meaning rule’ and ‘repetition rule’ in data protection claims. As Richard Spearman KC, sitting as a Deputy High Court Judge, observed, this is the first time the court has been called upon to determine as a preliminary issue the meaning of personal data in a data protection claim alone, without an associated defamation claim. Defamation law aims to protect an individual's reputation. Data protection law focuses on issues such as the accuracy and fairness of personal data processing. It was, therefore, necessary for the court to navigate the potential difficulties arising from differences between the distinct legal frameworks. In addressing two preliminary issues, the court followed defamation law principles, as distilled by His Honour Judge Nicklin in Koutsogiannis v Random House Group, for determining the natural and ordinary meaning of the personal data within the news articles in question. Written by Anne Mannion, associate at Lewis Silkin LLP.