Court of Justice ruling sought on DPA 1998 compatibility with EU law of stay (Stunt v Associated Newspapers Ltd)

Table of contents

• What was the factual background of case?
• What was the regulatory background to this case?
• What were the key grounds of appeal?
• What was the minority and majority view?
• What question did the court refer to the Court of Justice, and what happens next?
• What are the practical implications?

Article summary

Information Law analysis: The Court of Appeal, hearing an appeal against a High Court decision to stay proceedings brought against a newspaper publisher, was divided on whether the stay provision under the Data Protection Act 1998 (DPA 1998) was incompatible with EU law limiting exemptions from personal data processing rights for journalistic purposes to what is necessary to reconcile the right to privacy with the right to freedom of expression. The court decided to refer this question to the Court of Justice of the EU. Jennifer Agate, managing associate at Foot Anstey, looks at the issues.