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Feminism: Sex and gender discussions

Calling lawyers and data protection gurus

117 replies

MsBeaujangles · 21/03/2018 10:20

What is the legal situation when it comes to being placed on a published list which is claimed to be a list of 'TERFs and transphobes'?
I am thinking defamation of character comes in to play if the suggestion is that the people on the list are bigoted, incite hate and deny trans people their rights. I am on such a list and am confident that I have not said anything remotely even 'anti trans'.
I think sending Cease and Desist letters could legitimately be sent, demanding the list holder immediately cease and desist their unlawful defamation and provide prompt written reassurance within 10 days they they will cease and desist from further defamation.
Whilst the list is of Twitter names, my account is not anonymous.

Also, is there anything preventing people from applying defamation law when they are very publicly called transphobic?

OP posts:
VanGoghsDog · 26/03/2018 08:58

No-one knows it is women she is blocking. You can't tell from a username or photo as these could be false.

All that has happened is that LM has used a piece of software to add people to a list, that then blocks them on Twitter so their Tweets are not visible. So what?

I suggest someone phones the ICO for advice on it. I would bet my house they say there is no data protection breach.

IfyouseeRitaMoreno · 26/03/2018 08:03

I definitely think that writing to the Labour Party would be a good step. I would wager that many on the list are labour voters and surely what LM does as the Women’s officer is relevant.

I mean, it’s women she’s blocking for heaven’s sake. Way to go representing women LM!

Agerbilatemycardigan · 26/03/2018 07:58

It is my real name. I have some of the others on my twitter feed so I'll talk to them. I think a couple were already complaining to the Labour Party about it.

gussyfinknottle · 26/03/2018 07:44

Then if it is your real name you try to can take action under the data protection act either individually or with the small number of others who also have their real names in it.

Agerbilatemycardigan · 26/03/2018 04:37

I was put on the list almost as soon as I joined Twitter just because I follow some well-known feminists and some gender critical TWs.

There are people on Twitter collecting them SirVixofVixHall

SirVixofVixHall · 25/03/2018 22:39

Does anyone have any screenshots of followers of LM tweeting threats or stuff along the lines of “the only good Terf is a dead terf “ ? In conversation etc .?

SirVixofVixHall · 25/03/2018 22:08

It is my real name .

gussyfinknottle · 25/03/2018 19:48

Agree. Very limited personal data. Self identification (pardon expression) does not make it personal data. Just because you recognise your own username doesn't make it personal data. For example, I know who uses the username gussyfinknottle. But you don't. As another example, my YouTube name is for comments only and I don't have my own channel. It looks innocuous but it isn't my real name. You couldn't link it to me unless I told you what it was and what my real name is.

VanGoghsDog · 25/03/2018 19:13

Here is the list:

blocktogether.org/show-blocks/f4i25QboWpkDJniUTRV6Un-jr7PhKc42K8Bl5Mek?page=5

I can't honestly see any actionable data breach. And, while it could be defamation you need a loss, you need a reputation that has been damaged, whether that is public or in employment. You can apply for an injunction in advance - but all massively expensive and not guaranteed to succeed (esp for those not using own names).

A class action might work, spread the cost - but, what is the complaint? 'Some bloke put my user name on a list and blocked me on Twitter. The list might be seen by my employer who might make an assumption that I had indulged in hate speech and that might affect my job*' - it's really unlikely to succeed.

  • and this can only happen if your job is in conflict to the views you have been expressing. For example, I can confirm my employer would not give a fuck.
GnotherGnu · 25/03/2018 14:46

Bear in mind that injunction proceedings attached to libel actions are extraordinarily expensive, and usually result in the claimant regretting it because the original defamation gets much wider publicity.

SirVixofVixHall · 25/03/2018 14:40

If you look at my thread Re the list, in feminist chat , there is a link to the list there.

TerfWarz · 25/03/2018 09:48

I agree it's only an offence if you should be registered, and of course only some the data is personal, I only meant that it wasn't completely irrelevant.

VanGoghsDog · 25/03/2018 09:29

It's not ALL personal data. My user name there does not identify me, so it's not personal data.

Phone the ICO, ask them. I doubt they'd even raise an eyebrow.

Sorry, its distasteful and unpleasant that we sky has happened, but all this breach of data protection stuff is nonsense.

What is more of a worry is what LM might do with Labour member's contact details that they have access to. But, using them for party comms is allowed.

VanGoghsDog · 25/03/2018 09:26

It's only an offence not to be registered if you should be registered and I totally fail to see why someone collecting a list of names, many of which are not even personal data and all of which are in the public domain, should be registered.

MumOfTheMoos · 25/03/2018 09:12

Where can one see this list?

I have just been blocked by LM this last couple of days, only found out because someone from LIb Dem LGBTQI+ had retweeted them as sone one whom I follow retweeted that (honestly I don't how people don't see through him).

I don't have my surname on my Twitter feed any more but people who know me know who i am, and it is my photo up there - im hard to find rather than anonymous so I am concerned to be in any Kai.

I will definitely be taking action if I'm on it; rule of law and all that...

TerfWarz · 25/03/2018 08:52

I came on to say that GDPR isn't all that different to current DPA law, but I am pleased to see a few of you have beaten me to it.

I think there is some mileage in it frankly:

Who is the data controller for collecting this data, Lily M is not registered with the ICO and presumably cannot rely on their party's registration because that would mean the party has sanctioned the processing.

It is an offence not to be registered.

Not sure that the ico will be particularly bothered at this point given it is stretched at the best of times but all the data still relates to identifiable individuals so is personal data, the fact that a good portion of it is already published within the public domain is irrelevant.

CircleSquareCircleSquare · 24/03/2018 23:54

VanGogh

But transpohibic is not a well-defined term, it seems to simply be what trans people (or LM) say it is on any given day.

Could you argue that as it is so often aligned with homophobia, which is deplorable and often abusive, that it is damaging in that sense?

VanGoghsDog · 24/03/2018 23:49

Oh, I didn't realise it had actually been Tweeted, that person is looking more and more dim by the minute!

SirVixofVixHall · 24/03/2018 23:34

The list is public, in that Madigan tweeted the list , so potentially viewed by millions.

VanGoghsDog · 24/03/2018 22:54

Oh, and when LM says no-one they represent is on the list - they mean they will not represent anyone who is on the list, no matter who they are. They have already said their job is only to represent 'certain groups' of people.

I.e. they won't consider themselves to be a rep for anyone they disagree with, even if that person is a woman in their constituency. (though how they would know if you rock up to the surgery and ask a question I have no idea)

VanGoghsDog · 24/03/2018 22:50

I am o the list.

Re data protection - I honestly don't think this is a DP issue at all.

And, on that:

  1. GDPR doesn't really change data protection law all that much, it mainly increases the fines possible and the lawful basis for holding data is strengthened. But how data is used etc is all contained with in the current Data Protection Act 1998 (everyone is acting like there is no protection for data until may,l this is untrue).

  2. GDPR is actually, technically, already in force as it is an EU Regulation which are immediately binding on member states, which we are, and it wetn live last year - so cases could actually already go to the ECJ. It's is only the domestic law which comes in this May.

  3. I think defamation is the way to go - but only if you've used your real name. I have not (though it is a username I have used elsewhere so that might count) - and you have to suffer some loss (of reputation, which means you need a reputation to lose in the first place; or, for example, get into trouble at work)

  4. problem is, it's all hard to prove. I say 'transwomen' are men in dresses, I am transphobic. But transpohibic is not a well-defined term, it seems to simply be what trans people (or LM) say it is on any given day.

  5. surely there is only an issue if the list itself is public? It is not. (though we have seen it)

  6. The better way to go is to keep complaining to the Labour Party and Twitter that this is a breach of our right to a voice, our right to open the debate up. (I don't personally think there is a right to freedom of speech, by the way)

alltheworld · 24/03/2018 22:09

You have rights under the current data protection regime now. THese will be strengthened by the G d p r in May. The infomation commissioner website is a good source of information and their telephone helpline is also good

Google ICO and data protection

ChattyLion · 24/03/2018 22:03

There will be other RTs of it but the pretty data tweet is here

twitter.com/justjane12345/status/937944193997131776

Relevant thread that Twitter link comes from is:

www.mumsnet.com/Talk/womens_rights/3105021-Liliy-Madigan?pg=1&order=

SirVixofVixHall · 24/03/2018 21:44

Does anyone have a record of LM’s “all that pretty data “ tweet? I saw it widely retweeted at the time .

WiggyPig · 22/03/2018 15:27

Will do.

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