Category Archives: terrorism

content regulation / Copyright / defamation / filtering / hate speech / Human rights / Internet intermediaries / Law enforcement / liability / notice-and-action / notice-and-take down / terrorism

The EU approach to content regulation online: tackling (il)legal content online with upload and re-upload filters!

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Intermediary liability has been up until now a never-ending story. For the past two years, we have been regularly fed with communications, codes of conduct, legislative proposals, as well as soft but loud encouragements, from national governments targeting online platforms and asking them to do much more to tackle illegal content such as child sexual … Continue reading →

Data retention / Human rights / Intelligence and security agencies / interception / Jurisdiction / mass surveillance / national security / Security / terrorism

Questions on UK bulk communications data capabilities referred to the EU Court of Justice

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The validity of EU Member State legislation to collect and analyse bulk communications (meta)data about us by the security agencies continues to be vexed by questions over the application of EU privacy law requirements The UK Investigatory Powers Tribunal (IPT) has this month referred questions to the EU Court of Justice (CJEU) in a decision … Continue reading →

Access to data / Data protection / IP Bill / mass surveillance / metadata / national security / Surveillance / terrorism

The IPT in Privacy International v Secretary of State for Foreign and Commonwealth Affairs: Is it saying the IPB should be welcome?

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The investigatory Powers Tribunal (IPT) delivered its judgment yesterday in the case Privacy International v. Secretary of State for Foreign and Commonwealth Affairs et al. The skeleton arguments for the claimants and respondents can be accessed here. In a nutshell and as recalled by para. 3 of the judgement: “The proceedings were brought on 5th June … Continue reading →

content regulation / hate speech / illegal content / immunities / Intellectual Property / Internet intermediaries / notice-and-take down / terrorism

The EU Commission and its official Communication on Online Platforms: is the e-commerce Directive being attacked by the back door?

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As you might remember, a draft version of the European Commission’s Communication on Online Platforms and the Digital Single Market was leaked at the end of April. From digesting it at that time, it seemed to be clear that the Commission had taken the view that content regulation should be sectorial and the liability exemptions … Continue reading →

Data protection / Law enforcement / Security / Surveillance / terrorism

New Air Passenger Data Processing Rules to Apply from 2018

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Ready, steady, go… Clock countdown formally starts for the reform of three major pieces of EU data legislation! It’s finally final – three separate pieces of data privacy-related legislation in the EU will be coming into effect soon: As anticipated by Sophie last month here, the final version of the General Data Protection Regulation (GDPR) … Continue reading →

Intelligence and security agencies / interception / Personal data / Surveillance / terrorism

Bulk Personal Datasets and the ‘Spectre’ of Pervasive Surveillance Concerns Back in the Spotlight with the Investigatory Powers Bill

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Are proposals to introduce oversights over state powers to obtain, analyse, and retain mass sets of personal details sufficient to alleviate concerns where they include data about individuals unconnected to investigations? Much has been written about the UK government’s proposed new Investigatory Powers Bill (IPB) since it was published for consultation by the Home Office, … Continue reading →

Data protection / Law enforcement / terrorism

The European Commission announces that data protection ‘umbrella agreement’ negotiations are concluded

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With Schrems and safe harbours in the spotlight, what does the conclusion of a US-EU umbrella agreement actually mean for EU citizens and US-EU relations? With news in Sophie’s recent post here on the recent judgement of the CJEU in Schrems v Data Protection Commissioner, the purpose of this post is to discuss the recent … Continue reading →

Security / Surveillance / terrorism

EU Parliament agrees to commence finalising the Passenger Name Record Directive in light of added data protection safeguards

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Questions asked about the necessity and proportionality of yet another state scheme authorising the bulk sharing of personal data, and its storage, for risk assessment purposes – Will the EU get it right this time? In light of the growing threat posed by Islamic State militants, the issue of the EU air travel industry’s passenger … Continue reading →

Access to data / Internet intermediaries / Surveillance / terrorism

What if the French constitutional judges had read the Davis Judgement? Would we be living in a better world?

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The French Constitutional Court (Conseil Constitutionnel) issued its decision n°2015-713 DC on the recently adopted Law on intelligence on 23 July 2015. Reading its decision after having read the Davis judgment of the English High Court, one wonders whether legal syllogism has suddenly been replaced by useless tautology. The newly adopted law on intelligence is … Continue reading →