Alleged TalkTalk hacker challenges laws on identifying minors

[Audrey McNeil <audrey () riskbasedsecurity com>]

http://www.irishtimes.com/news/crime-and-law/alleged-talktalk-hacker-challenges-laws-on-identifying-minors-1.2436636

A Co Antrim schoolboy arrested over the TalkTalk cyber attack has begun a
legal challenge over an alleged failure to implement legislation that would
protect him from media identification.

The 15-year-old is seeking to judicially review the Department of Justice,
claiming it has done nothing about a law prohibiting the press from naming
juveniles suspected of crimes before they have been charged.

His lawyers contend that a legal loophole enabled his details and
photograph to feature amid widespread newspaper and online publicity.

It is the second set of proceedings issued by the teenager since he was
detained last month by police investigating a major hack into the phone and
broadband provider’s database.

He is also also suing three national newspapers, Google and Twitter for
alleged breach of privacy.

The boy was interviewed on suspicion of offences under the Computer Misuse
Act before being released on bail.

Under the terms of the 1999 Youth Justice and Criminal Evidence Act no
details identifying anyone under 18 allegedly involved in an offence can be
reported.

Although that law applies to England, Wales and Northern Ireland, counsel
for the boy claimed Stormont’s continued failure to commence the Act has
impacted on his right to privacy.

The court heard that without implementation of the relevant section of the
Act, the boy had to bring civil proceedings against publishers and firms
based in the United States.

At one stage the judge questioned whether the court was being asked to get
involved in a political issue.

Rejecting a categorisation of the case as being urgent, Mr Justice Maguire
insisted he would not be “rushed into making a decision in a case which has
such a high policy content”.

Aidan Sands, for the Department of Justice, confirmed the same position
applies in England and Wales - Section 44 has been enacted but no
commencement order given.

With papers in the case only just served, the judge adjourned the challenge
for two weeks to give the department more time to consider the issues.

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