fbpx

European Court Proposes Criteria for Assessing Employee Monitoring Activities

On September 5, the European Court of Human Rights issued a ruling in the case of Bărbulescu v. Romania that affirms employees’ right to privacy in the use of communications tools in the workplace. Although the ruling is strict, it aligns with the positions taken by the national courts of certain European Union Member States (e.g., Germany) and guidance issued by data protection authorities. And the criteria that the ECHR adopts for assessing the lawfulness of monitoring generally aligns with the requirements under the General Data Protection Regulation, which takes full effect on May 25, 2018. In our post, we summarize the ruling and identify key takeaways for companies that monitor workforce use of information systems and tools in the EU.

Source: European Court Proposes Criteria for Assessing Employee Monitoring Activities | HL Chronicle of Data Protection

European Court to France: DNA Database Violates Fundamental Rights

The European Court of Human Rights decided on June 22, 2017 that France’s DNA database for convicted criminals disproportionately interferes with individuals’ privacy rights because of its one-size-fits-all retention period and the failure to include a procedure to request erasure.

Source: European Court to France: DNA Database Violates Fundamental Rights | HL Chronicle of Data Protection

Behavioral advertising industry slams ePrivacy plans

In scenes reminiscent of the last days of GDPR drafting, lobbyists from the advertising industry queued up to give European plans for the ePrivacy regulation a kicking.

The Future Media Lounge event sponsored by EDAA (the European Interactive Digital Advertising Alliance) focused on “the potential implications of the proposed ePrivacy regulation on a free, independent, pluralistic and vibrant press across Europe.”

Source: Behavioral advertising industry slams ePrivacy plans

UK businesses should honour pre-Brexit data protection rights of foreign citizens

UK businesses should continue to honour the data protection rights of customers and staff based in the EU and elsewhere overseas post-Brexit, the European Commission has said.

Source: UK businesses should honour pre-Brexit data protection rights of foreign citizens post-Brexit, says EU

Hello, Dolly: What You Need to Know About Connected Smart Toys and Privacy

As connected devices become ubiquitous, it comes as no surprise that interactive toys that connect to the internet are more popular than ever. At the same time, regulators have taken note of the privacy and security concerns raised by lawmakers and privacy advocates about the proliferation of smart toys that collect personal information from kids.

Source: Hello, Dolly: What You Need to Know About Connected Smart Toys and Privacy

Bărbulescu ruling: Workplace privacy is alive and kicking

On Sept. 5, the European Court of Human Rights handed down a landmark judgement about privacy and monitoring at the workplace. The court referred to a case of a Romanian citizen named Bogdan Mihai Bărbulescu who was fired 10 years ago for using a work messaging account to communicate for private purposes and was convicted of doing so through the monitoring of his communications. In a judgment of Dec. 7, 2007, the County Court rejected Bărbulescu’s application and confirmed that his dismissal had been lawful. Bărbulescu appealed to the Bucharest Court of Appeal and repeated his previous arguments and contended in addition that the court had not struck a fair balance between the interests at stake, unjustly prioritizing the employer’s interests.

Source: Bărbulescu ruling: Workplace privacy is alive and kicking

EU states’ data retention laws still violating privacy rights, report warns

Two legal judgements at the highest level in Europe in recent years have reaffirmed that all Member States’ data retention regimes must comply with core principles of legality, necessity, and proportionality in order to avoid breaching citizens’ fundamental rights. However a new report surveying the current status of legislation pertaining to the retention of communications data across the region has found that many of the EU’s 28 members are not adhering to what privacy rights advocacy organization Privacy International describes as the “basic standard”.

Source: EU states’ data retention laws still violating privacy rights, report warns | TechCrunch

Apple’s Refusal to Approve India’s Anti-Spam App Angers Regulators

Apple Inc.’s refusal so far to approve the Indian government’s anti-spam iPhone app is infuriating regulators, potentially harming the company’s efforts to sell more products in the country.

Source: Apple’s Refusal to Approve India’s Anti-Spam App Angers Regulators – Bloomberg

>