Data Protection, Porn And Norwich Pharmacal Orders…

If proof was needed that GDPR is everywhere, then this case is it. The case involved an application for a Norwich Pharmacal Order or NPO (basically an order requiring an innocent party to disclose names of potential defendants and so-called because of the case that first established the availability of these orders). In this case the applicant sought an order requiring the disclosure of the names and addresses of tens of thousands of residential broadband subscribers who were accused of infringing copyright by downloading explicit pornographic films.

The application was contested on a number of grounds including that if it was granted, the discloser of these names would offend against the data protection principles set out in the General Data Protection Regulation (GDPR).