The Grand Chamber of the European Court of Human Rights (ECtHR) recently upheld the decision of the First section in the case Delfi v Estonia, which in 2013 found that holding a news portal liable for the third-party comments posted on its Internet news portal did not amount to a violation of Article 10 of … Continue reading
Author Archives: Sophie Stalla-Bourdillon
Access request for network data granted! A few thoughts on the decision of the Australian Privacy Commissioner in Ben Grubb and Telstra (1 May 2015)
Ben Grubb and Telstra Corporation Limited [2015] AICmr 35 is a fascinating decision – issued on 1 May 2015 by Timothy Pilgrim, the Australian Privacy Commissioner – especially in the light of our recent posts, such as this one concerning Internet Service Providers (ISPs) and their roles as mere conduits and/or data controllers, or that … Continue reading
Why CG v Facebook Ireland et al might be less odd than anticipated… On Internet intermediaries and monitoring obligations
CG v Facebook Ireland and Joseph McCloskey delivered on 20/02/2015 by the High Court of Justice in Northern Ireland has not always been warmly welcome… in particular by those concerned about the roles and responsibilities of Internet intermediaries in relation to distribution and access to information. Oh Well… Strangely, the CG v Facebook litigation seems … Continue reading
On Willems et al. v Burgemeester van Nuth and the processing of personal data by law enforcement agencies…If only the CJEU had been more prolix….
As explained in an earlier post, the Court of Justice of the European Union (CJEU) issued on 16 April 2015 its preliminary ruling in the case of Willems and Others v Burgemeester van Nuth and Others C-446-12 to C-449/12 (Willems) concerning the interpretation of an EU Regulation (2252/2004, ‘the Regulation’) on standards for security features and biometrics … Continue reading
On surveillance, safe harbour and Schrems…Are we that stuck?
Readers of this blog will almost certainly be aware that the European Union (EU) was the first regional organisation on the international stage to adopt a comprehensive, and relatively stringent, data protection regime. Yet, as the Internet is a global communications infrastructure, the EU has had to find ways to dialogue with non-EU (‘third’) countries … Continue reading
ISPs: data controllers as well as mere conduits? Does this make sense? What do we do with the e-privacy Directive if we care?
So here we are, the English Court of Appeal, as it has been explained by Alison in her post, has recently held in the Google v Vidal-Hall case, among other things, that there was a serious issue to be tried that Browser-Generated Information (BGI) is personal data under the Data Protection Act of 1998 (DPA), … Continue reading
Google: a data controller as well as an intermediary service provider? Does this make sense? Who cares?
So everyone knows it, Google is polymorphous. It has experienced many different forms: mere facilitator, publisher, hosting provider, caching provider… The latest legal label stuck on its mutant forehead is that of “data controller” and this has been done quite “noisily” by the Court of Justice of the European Union (CJEU) in its Google Spain … Continue reading
The Council of the EU and the proposed Genaral Data Protection Regulation… And what about pseudonymous data?
NGOs (non-governmental organisations) have been doing a good job recently in trying to explain where things stand in the process of re-drafting [and maybe one day adopting] the General Data Protection Regulation (GDPR). You might remember that on 25 January 2012, the European Commission released a Proposed Revised Data Protection Legislative Framework, including the GDPR. … Continue reading
Facebook needs to re-revise its privacy policy says recent Belgian report.
On January 30th 2015, Facebook revised its Data Use Policy (DUP) and Terms of Services. At the request of the Belgian Privacy Commission, ICRI/CIR (KU Leuven) and iMinds-SMIT (Vrije Universiteit Brussel) have conducted an extensive analysis of the revisions. So what does the current version of their report (dated 23rd February 2015) find? Emma Cradock, … Continue reading
blocking injunction / Data protection / deep packet inspection / Intellectual Property / Internet intermediaries / ISPs / Privacy
Cartier et al v Sky et al 2014: what if the ISPs’ blocking systems did not implement Shallow Packet Inspection technologies?
Over the last couple of years, music and film copyright owners have obtained several website-blocking orders under UK copyright rules (section 97A of the Copyright, Designs and Patents Act 1988). However, as there is no equivalent legislative provision for trade mark infringement, website-blocking orders have not been used in respect of trade mark infringement… that … Continue reading