And here is delivered by the Court of Justice of the European Union (CJEU) another landmark judgment: C‑582/14 Breyer v Bundesrepublik Deutschland concerning the proper characterisation of IP addresses and the compatibility of German national law with Article 7(f) of the Data Protection Directive (DPD). The judgement is not available in English yet, but … Continue reading
Tag Archives: ISPs
anonymisation / big data / Data protection / General Data Protection Regulation / Internet intermediaries / metadata / pseudonymisation / Risk-based approach / Surveillance
Mind the Caveats – CJEU Advocate General opines that Dynamic IP Addresses can be Personal Data … (sometimes)
“I am not a number …” – but to what extent does EU data protection law deem that I am identifiable from one if someone somewhere could link it back to me at a single point in time? The Court of Justice of the EU (CJEU) has been hearing arguments in a case involving the … 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?
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
Bulk Personal Datasets and the ‘Spectre’ of Pervasive Surveillance Concerns Back in the Spotlight with the Investigatory Powers Bill
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
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
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
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