‘We Know Where You Are’ to ‘We Know Who You Are’ … How far are the risks involved with processing information collected from geo-location technologies alleviated by data protection rules? With the wide uptake of smart mobile devices and the rapid development of location-based apps and services, all kinds of geographic information about us are … Continue reading
Tag Archives: data protection
EU Commission publishes Legal Texts of New ‘Privacy Shield’ Framework for Trans-Atlantic Data Transfers
…But, will the highly anticipated EU-US ‘Privacy Shield’ live up to its super-hero billing? Last month proved to be a particularly busy time for data protection news. First, the Council of the EU adopted a political agreement on the texts that will form part of the new Data Protection Reform Package. Also hitting headlines was … Continue reading
Access to data / Breach notification / Data protection / Data retention / General Data Protection Regulation / Law enforcement / Personal data / Privacy / Privacy impact assessment / Surveillance
Article 29 WP and the draft directive on the processing of personal data by law enforcement agencies: has Article 29 WP been heard?
Last month, the Permanent Representatives Committee (Coreper) of the Council of the EU the compromise texts agreed with the European Parliament on data protection reform. As a reminder, the reform is a legislative package concerning two legislative instruments: the second of which discussed here (and far less catching the press headlines than the General Data … Continue reading
anonymisation / big data / Data protection / General Data Protection Regulation / Personal data / pseudonymisation / research / sensitive data
What does the agreed version of the GDPR say about processing personal data for research purposes? Is the GDPR better than the Directive?
What does the agreed version of the GDPR say about processing personal data for research purposes? Is the GDPD better than the Directive? So here we are. It’s almost Christmas and after three years of intense debate the Council of the European Union and the European Parliament have announced that they have informally agreed on … Continue reading
Access to data / content data / Data protection / Data retention / deep packet inspection / ISPs / Law enforcement / metadata / Personal data / Privacy / Surveillance
The Draft IP Bill and data retention obligations: on the irony of the invalidation of the Data Retention Directive
The Draft Investigatory Powers (IP) Bill was published on the 4th of November. It aims to “govern the use and oversight of investigatory powers by law enforcement and the security and intelligence agencies” in the UK. It is an attempt both to simplify the legal framework and legalise practices, which means it is, in part, … Continue reading
EU Justice Ministers agree ‘common position’ for new EU data protection rules in the field of law enforcement
Adoption of new Data Protection Directive for police and judicial cooperation is one step closer – however, arguments continue over the extent to which the processing of personal data for the purposes of law enforcement , as well as the “safeguarding against and the prevention of threats to public security”, should be subject to traditional … Continue reading
DPAs or national supervisory authorities and the CJEU in Schrems: what does it mean to “engage in legal proceedings”?
The CJEU has definitely been very bold in its recent decision in Schrems v Data Protection Commissioner. While the judgement of the CJEU is more convincing than the opinion of the Advocate General (see my posts here and here), it is obviously not perfect. [But I wonder, perhaps naively: shouldn’t the CJEU’s decision be seen … Continue reading
Weber, DRI and Schrems: so what are “measures of mass surveillance”? And what should we do with them? A tale of 2 Courts
While the Court of Justice of the European Union (CJEU) in its recent judgment Schrems v Data Protection Commissioner (discussed here), does not mention the words “measures of mass surveillance” it states that it is concerned about measures “authoris[ing], on a generalised basis, storage of all the personal data of all the persons”. By way … Continue reading
Sick of hearing about safe harbours? What about Weltimmo?! – CJEU decision raises prospects for companies operating web services across the EU being subject to multiple data protection authorities
How should online businesses determine which data protection laws to comply with, and how should multiple claims to jurisdiction over the national application of data protection laws be resolved? Much has been written in the last week about the ruling of the Court of Justice of the EU (CJEU) in holding that EU Commission Decision … Continue reading
The CJEU in Schrems v Data Protection Commissioner: Commission Decision 2000/520 is invalid!
Here we are: less than 2 weeks after the issuance of the opinion of the Advocate General (AG) Bot in the case Schrems v Data Protection Commissioner (see my post here) the Court of Justice of the European Union (CJEU) declared today that the US-EU safe harbour framework was invalid! While this is definitely one … Continue reading