Advocate General (AG) Bot delivered his awaited opinion on 23 September 2015 in the case C-362/14 Maximillian Schrems v Data Protection Commissioner. As readers might remember (see my previous post here), the Irish High Court had made a reference for a preliminary ruling back in 2014. [For background, talented Austrian Facebook user, Maximillian Schrems complained … Continue reading
Tag Archives: data protection
A German view of the Council’s proposed General Data Protection Regulation: let’s try one more time… by the way what do we do with Browser-Generated Information?
The Council of the European Union released its version of the Proposed Regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation or ‘GDPR’) on 11 June 2015, as mentioned by … Continue reading
EU Parliament agrees to commence finalising the Passenger Name Record Directive in light of added data protection safeguards
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
What if the French constitutional judges had read the Davis Judgement? Would we be living in a better world?
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after having read the Davis judgment of the English High Court, one wonders whether legal syllogism has suddenly been replaced by useless tautology.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
The Davis judgement: does Article 8 of the European Charter go beyond Article 8 of the ECHR?
Here we are! The last episode of the UK saga “and what do we do with data retention laws” has been issued by the English High Court, with its judgement in the case David Davis MP, Tom Watson MP, Peter Brice, Geoffrey Lewis v The Secretary of State for the Home Department [2015] EWHC 2092 … Continue reading
The new judgement of the UK Supreme Court on the scope of Article 8 ECHR or why Lord Kerr is right…
In its recent judgement of 1 July 2015 In the matter of an application by JR38 for Judicial Review (Norther Ireland) [2015] UKSC 42, the UK Supreme Court held that the publication of photographs of a minor (just about 14 years old at the time of publication) suspected of involvement in criminal activities did not … Continue reading
A breach of the right to privacy justifies an award of damages for the act of misusing private information ‘per se’, says English High Court in phone-hacking decision
Are ‘the times a-changin’’ for the future of English privacy claims? UK privacy law is a slow-evolving story. Most of its principles have developed from case law since the Millennium, yet awards of damages by the courts in compensation for harm suffered as a consequence of privacy infringements (such as for distress and loss of … Continue reading
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
EU Court of Justice rules on Regulation regarding standards for collecting and using biometric data in passport production
…But side-steps the bigger issue about the compatibility of possible secondary use and storage of such biometric data with privacy and data protection law With the development of biometric technology and its expanding use in the public and the private sector, privacy and security concerns are increasingly growing and formal guidance correspondingly sought on the … Continue reading