Calling lawyers and data protection gurus

[MsBeaujangles]

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?

Would it also be worth contacting people like Graham Linehan (?) and other high profile people who are on the list?

Along the lines of “Hi @ name you are on a list of people who are deemed by @ xname to make Twitter an unsafe space for trans people! The list is defamatory and damaging to the reputation of people on it”

Or
“Hello @ name your reputation along with that of 2000+ people is being potentially defamed by @ lilyshandle. Being on a list of people who make Twitter unsafe for trans people is damaging to the careers of many and contributes to silencing women.”

I would be up for a joint class action, depending on what it would cost. I am worried that this could affect DH's work, and future work i may do. Should add that I have had PTSD related to a serious attack and so this is extremely stressful for me. (Well, as it is for all of us I imagine, as many of us will also, as I do, have young children at home to think of too).

I'm on the list with my real name.

I wasn't on TerfBlocker but was blocked by LM for responding to a tweet with which I disagreed (politely).

I mention TerfBlocker to show that my profile wasn't considered "transphobic" until LM put my name out there.

Since then I've found I've obviously been blocked by many others.

My real name too.

I'm on there under my real name and have never tweeted nor referenced Lily on Twitter at any point until today when speaking to someone about the list.

Surely they can't just post up people's names and details on what amounts to a list of alleged 'transphobes'?

It's one thing to have your own private block list but it's quite another to have one with a possibly defamatory title that you publish publicly. And, I think, depending on how you use the settings, you can also block third parties (ie anyone who follows someone you've blocked). So you're also suggesting that mere assocation with a "transphobe" makes you a "transphobe". Clearly defamatory to publish names in that way.

I was not on terf blocker but I am on LMs list. I don't tweet in my real name and this sort of shit is why.

I could lose my job

If it's a list that a private individual has published as a private individual there is an exemption in the current DPA for processing for "domestic purposes " which this might cover. If your name comes up on this list in a, say, google search you could write to Google and ask it to take down the result but it won't take down the original list.
Your "best" bet is to look at other civil remedies that are not Data Protection related.
However, if this is an official (or officially sanctioned) Labour Party thing, it cannot rely on the "domestic purposes" get out clause in the current DPA.
The new GDPR has similar provisions but can only apply to processing of your personal information that goes on when that law comes into force. It is not retrospective.

It’s not it domestic purposes if she’s publishing it on the internet. There’s a case about such things (European case about some woman who published (harmless) details of a church group on the internet - think it was called Lindqvist).

People affected should send a cease and desist. But should also complain to the ICO. Though they might be a bit busy with Cambridge Analytica right now.

I don't use Twitter very much so am not an expert at all. Does anyone know how the TerfBlocker list collater could get hold of Twitter users real names, if they don't tweet using them?

AFIk TerfBlocker only collated the screen names and name of twitter accounts.

So for example if "Jane Smith" registered as screen name @MumNet1 with the Name MumNetUser that's what would be published.

Obviously if Jane had set up an account as @JaneS with the name Jane Smith then they would have got her name.

The list shows the age of the account, #tweets, #followers and #following.

Wondering how you send a cease and desist if you are blocked

I think that the Lindqvist case has been carefully ignored by Uk jurisprudence. I really don't think the Data Protection Act will give you what you want. However, that's just my view. By all means ask the Information Commissioner. The fact that Cambridge analytica is occupying a small corner of what they do shouldn't stop you.

You could start by making its Labour's problem by informing Rochester and Strood Labour Party, Labour Party complaints, making it public generally, including on twitter.

Plenty of ways to do.

Tx Red - have already complained to the LP but not the local CLP nor Twitter. Yet....

Yes, I think shaming publicly the local party would be a good idea.

I have emailed the Labour legal team, my local councillor and Rochester and Strood. Lily Madigan does what she wants with impunity and there is never any comeback.

Shared the thread with my lawyer husband. He's at work so only responding by text but he seems to think that there is something worth investigating here and that there have been some recent cases that might assist. I'll probe him further when he gets home.

howismoving- that is very helpful, thank you.

If you're a member of a union/professional body you might be entitled to (free) legal advice

I'm not, but others may be? ps Dorothyparka, am so jealous of your user name.

I am not in the UK so am unsure of your laws but wouldn't this list come under the hate crimes laws?
Basically it is inciting hate

Make sure you’re taking screen shots of the list, including any titles and where you feature on it.

Hello,

Had a chat with husband about this-in summary: (over to DH!)

The tweet (from LM talking about the block list) is likely to be libel and because of the seriousness of the defamation, would probably satisfy the 'serious harm' threshold. See Court of Appeal judgment in Lachaux in September 2017 which clarified the law in this regard.

Damage to reputation can include false allegations which cause others to shun or avoid the named person - this would include blocking on Twitter.

It would not be a defence to say no harm was caused because it was limited to the Twitter website and no harm was suffered in 'real life'. The libel on Twitter can be judged by the harm to reputation in the context of the Twitter universe.

The DPA avenue is worth considering and adding to any letter as there seems to be processing personal information by using Blocktogether.org. it is not solely for domestic purposes and therefore the perpetrator is at real risk of falling within the definition of data controller under the DPA. This position alone would lead to numerous legal requirements in terms of notification and registration with ICO and compliance with the principles in the DPA. When GDPR comes into force in May they would also need to write to each named person explaining what data is being processed.

Back to me: hope that is helpful! If you have any other questions please feel free to ask-my husband loves a good legal puzzle :-) He is also finding a draft version of a cease and desist letter that could be used.

Thank Mr castles84.