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03/02/2020 CG v Facebook Ireland Ltd & Anor [2016] NICA 54 (21 December 2016) RS page. Facebook''s appeal in relation to the remaining periods is allowed. We allow the crossappeal and hold that Facebook is a data controller for the purposes of section 5 of the Data Protection Act 1998. We conclude that Facebook is entitled to the protection of the e-Commerce Regulations against claims for damages under the 1998 Act. We will hear the parties on the appropriate remedies and costs. The injunction should remain in place. We will hear the parties on the appropriate remedies and costs. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: http://www.bailii.org/nie/cases/NICA/2016/54.html www.bailii.org/nie/cases/NICA/2016/54.html 21/21

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CG v. Facebook Ireland Ltd

Case Law

Country

United Kingdom

Country Location

Latitude: 52.32950805122076

Longitude: -1.4047851562500706

Country Location (linked Case Law): United Kingdom

Decision Date: Dec 21, 2016

Case Status: In progress

Case Outcome (Procedural)

Affirmed in Part/Reversed in Part

Case Outcome (Disposition)

Monetary Damages

Keywords

Intermediary Liability
Internet Service Providers
Open Court Principle
Privacy

Judicial Body: Appellate Court

Case Number: [2016] NICA 54

Case Summary: The Northern Ireland Court of Appeal held Facebook and one of its users liable for "misuse of private information" since the user's posts disclosed a sex offender's photograph, name, address and previous offences. The case was brought by CG, who had been sentenced for indecent assault and gross indecency, against Facebook and Mr. McCloskey because personal information and threats to his safety had been posted on McCloskey’s Facebook page entitled "Keeping Our Kids Safe from Predators 2". In regard to disclosure of previous convictions, the Court noted the importance of open justice and the public's right to know about such convictions. However, it was held that considering the harassment context to which CG was subject, he had a "reasonable expectation of privacy" in relation to the cumulative disclosure of his personal details and his resulting exposure to potential acts of vigilantism. On the basis of the Google Spain case, the Court held that Facebook Ireland was a data controller and could therefore be held liable for failing to expeditiously respond to requests to take down the impugned information. Furthermore, the Court found that Facebook was not under an obligation to monitor information it transmits and stores, and therefore rejected the lower courts assertion that Facebook should have been aware of previous litigation against McCloskey and proactively removed the private information. Although Facebook was found liable, it was limited and the Court of Appeal in Northern Ireland took a detailed look at the notice that was given to Facebook to ensure that liability would only arise where Facebook had been provided with the substance of a claim in misuse of private information, and the identification of the unlawful content.

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

Source URL: Columbia Global Freedom of Expression

Primary Documents

CG v Facebook Ireland Ltd & Anor [2016] NICA 54 (21 December 2016).pdf
English
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CYRILLA: Global Digital Rights Law

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CG v. Facebook Ireland Ltd

Primary Documents

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