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content regulation / Copyright / Data protection / filtering / freedom of expression / Human rights / illegal content / Internet intermediaries / notice-and-action / notice-and-take down / online platforms

Data Protection and Copyright: Could Art. 29 WP guidance on automated decision-making “help” with filters?

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In its own way, the pan-EU Article 29 Data Protection Working Party (Art. 29 WP) has been very active in the past few months. One of the most awaited piece of advice released by Art. 29 WP this month covers automated individual decision-making and profiling for the purposes of Regulation 2016/679 (Opinion WP 251). Why … Continue reading →

content regulation / eIDAS / filtering / Internet intermediaries / online platforms

The EU approach to content regulation online bis: tackling (il)legal content online with real-world identities?

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Among the policy objectives to pursue in order to ensure the flourishing of the Digital Single Market, one finds here: “Updating  EU audiovisual rules and working with platforms to create a fairer environment for everyone, promote European films, protect children and tackle hate speech.” Clicking on ‘platforms,’ one can also read: “Online platforms are an important part of … Continue reading →

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 →

Consumer data / Cybersecurity / Internet of Things / national security / Risk-based approach

Governments push on with Cybersecurity Law and Policy Initiatives – an Overview so far in 2017

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Another day, another massive personal data security breach… but how have law-makers and regulators reacted in developing cyber-security policies so far this year? This week it was reported that Equifax – the US credit bureau – suffered a giant cybersecurity breach this summer compromising the personal information (including names, social security numbers, birth dates, addresses, … Continue reading →

Human rights / mass surveillance / safe harbour / Surveillance

CJEU rules EU-Canada PNR Agreement incompatible with EU Charter rights to privacy and personal data protection

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EU data protection/privacy laws continue to keep this international Air Passenger data agreement ‘grounded from taking flight’, but what effect could the decision have on similar data agreements already concluded with the EU? On 26 July, the European Court of Justice (CJEU) declared that the EU-Canada Passenger Name Record (PNR) Agreement is incompatible with EU … Continue reading →

Data protection / General Data Protection Regulation / Personal data

Advocate General Delivers Opinion on Whether Examination Scripts Are Personal Data under Data Protection Law

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Exam scripts are personal data, says the AG, when the purpose it is to identify and record the performance of a particular individual; but that doesn’t mean you can go back and change your answers! On 20 July 2017, the EU Court of Justice’s Advocate General (AG) Kokott delivered her opinion in Peter Nowak v … Continue reading →

Data protection / General Data Protection Regulation / ICO / misuse of private information

The GDPR, the parallel regime and the ICO

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The General Data Protection Regulation (GDPR) will be applicable in less than a year, and experts are still discussing the extent to which the new regulation will have a significant impact upon the ‘legal basis’ requirement. However, as Bob Miller suggests in this guest blog post, it might not be enough to read and re-read … Continue reading →

audiovisual media services / content regulation / illegal content / Internet intermediaries

On Article 28a and the proposal to extend the AVMSD: is it time to be pessimistic?

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The proposal to extend the Audiovisiual Media Services Directive (AVMSD) continues along its legislative path. We are now entering the trilogue negotiations phase, and, after having read the unrelated [at least at first glance] G7 Taormina Statement on the fight against terrorism and violent extremism, I am re-reading  the  text of the Proposal for a … Continue reading →

information society services / Internet intermediaries

The politics of online platforms: when AG Szpunar converses with the EC in Elite Taxi v Uber.

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Advocate General Szpunar (AG) delivered yesterday his opinion in the highly political and much awaited case C‑434/15 Asociación Profesional Elite Taxi v Uber Systems Spain SL. In a nutshell, the AG was asked to answer four questions concerning two important milestones of the European Union (EU) acquis: the E-commerce Directive of 2000 and the services … Continue reading →