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?

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?

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.

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...

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.

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.

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.

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

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.

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.

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.

It is my real name .

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 .?

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

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.

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.

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!

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.

He's blocked a few prominent feminists who have used their own names.

Vangogh- don't bet your house. If it was as legally simple as all that to stop it it wouldn't happen.
Data Protection won't fix this.

I wrote to the Labour Party a week ago- no response. Shameful. I will never vote for Labour again. It has become ceaseless virtue signalling while trampling all over women. That and the anti-semitism, and the refusal to engage with women at all on self I’d, has killed stone dead any respect I had for the party.

Blocking a "few prominent feminists" is different to "it's women", no-one knows if it is all women. And data protection is irrelevant to sex anyway.

Sorry gussy, I don't understand your comment, you seem to be agreeing with me.

I might phone the ICO tomorrow and see what they say.

Look, I'm not saying it's not horrible, wrong, nasty, scary, possible defamation etc. I'm just saying that thinking of suing for a data protection breach is a dead end.

@SirVixofVixHall @MsBeaujangles @GalwayGalery and others did you get any reply to your cease & desist letter? There's a meeting soon and defamation of women is something we'd like to look at.

Hi WiggyPig. Sorry I can't be more helpful - my solicitor has recommended against discussing the action whilst it is on-going.
What meeting is taking place and with whom?

I haven’t sent a letter to LM as I was too worried about him having any more info on me, my address etc. I’ve had no response from labour though so now I do need to take it further. DH complained to Labour and was told to call the police... !? I really dont know how best to proceed , so any advice is very welcome. This has has certainly been an eye opener for my friends, most of whom had no idea how bad all this had got.

Feminist lawyers meeting MsB. I can’t give names for obvious reasons but anyone affected is welcome to PM me. SirVix I will let you know what we come up with in terms of possible next steps.