Tag Archives for " CJEU "

Lack of access to personal data does not unmake a joint controller

The Court of Justice of the EU decided in Case C-210/16 Wirtschaftsakademie that Facebook and the administrator of a fan page created on Facebook are joint controllers under EU data protection law. That means shared responsibility (with Facebook) to comply with EU data protection law for the processing of personal data occurring through their Facebook Page.

Read full article: The CJEU decides lack of access to personal data does not unmake a joint controller: A look at Wirtschaftsakademie

Top EU Court Embraces Anonymity for Litigants

Starting with July 1 the European Court of Justice (CJEU) no longer plans to identify people who are the subject of future preliminary rulings by replacing, in all its public documents, the name of natural persons involved in the case by initials. However, the court emphasized it retains the right to derogate from this plan “in the event of an express request from a party or if the particular circumstances of the case so justify.” There is no plan to alter how the court handles hearings or other proceedings that do not involve publications.

Source: Top EU Court Embraces Anonymity for Litigants

UK urged to accept CJEU jurisdiction on data protection

The UK government should accept the jurisdiction of the EU’s highest court to rule on matters of data protection post-Brexit, a committee of MPs has urged.

Accepting the jurisdiction of the Court of Justice of the EU (CJEU) to shape data protection law in the UK could help the country retain an element of influence over how data protection law develops and is enforced in Europe post-Brexit, the Exiting the European Union (Brexit) Committee has suggested in a new report.

Source: Brexit: UK urged to accept CJEU jurisdiction on data protection

EU Nations ‘Still Breaking The Law On Mass Surveillance’

Campaign groups, NGOs and academics have teamed up to file a series of complaints with the EU over bulk surveillance in several countries. They are calling for EU governments to stop requiring companies to store all communications data – a practice that’s been ruled unlawful by the Court of Justice of the European Union (CJEU) not just once but twice.

Blanket data retention requires phone and internet providers to retain the traffic data – numbers called, IP addresses, location data and identity – of all of their users for several months or years, depending on local national law. And despite rulings in 2014 and 2016 that this contravened European law, the practice still continues in more than a dozen EU countries.

Source: EU Nations ‘Still Breaking The Law On Mass Surveillance’

EU court could settle ICANN data gathering dispute

The internet’s global domain name organisation, the Internet Corporation for Assigned Names and Numbers (ICANN), has appealed a recent ruling by a court in Germany on the amount of data that domain name registrars can be forced to gather on people operating websites.

“If the Higher Regional Court does not agree with ICANN or is not clear about the scope of the European Union’s General Data Protection Regulation (GDPR), ICANN is also asking the Higher Regional Court to refer the issues in ICANN’s appeal to the [CJEU],” ICANN said in a statement.

Source: EU court could settle ICANN data gathering dispute

CJEU ruling causes “difficulty for fan page operators in fulfilling all data protection obligations”

7 June 2018 The Court of Justice of the European Union (‘CJEU’) issued, on 5 June 2018, its ruling (‘the Ruling’) in Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein v. Wirtschaftsakademie Schleswig-Holstein GmbH (C-210/16) addressing preliminary questions referred by the Federal Administrative Court (‘Bundesverwaltungsgericht’) including whether an administrator of a fan page on a social network qualifies as a joint controller with regards to the processing of personal data of visitors to the page.

Source: EU: CJEU ruling causes “difficulty for fan page operators in fulfilling all data protection obligations”

Brief case-law companion for the GDPR professional

This collection of quotes from relevant case-law has been compiled with the purpose of being useful to all those working with EU data protection law.

This is a collection of specific findings of the Court of Justice of the EU (CJEU), the European Court of Human Rights (ECtHR) and one bonus finding of the German Constitutional Court.

Read full article: Brief case-law companion for the GDPR professional

Police can request communications data even if crime is not ‘serious’

EU law permits communications data laws to be enforced by the police and other authorities even when they crimes they are investigating are not ‘serious’, providing there is no serious interference with privacy rights, an adviser to the EU’s highest court has said.

Source: Communications data laws can apply to crimes that are not ‘serious’, says EU court adviser

EU Member States plan to ignore EU Court data retention rulings

EU Member States are exploring all possible options to keep, and in fact expand, their current data retention regimes.

The general plan is based on a new concept of ”restricted data retention”, which is really blanket data retention with a new name, along with amendments to the draft e-Privacy Regulation to facilitate blanket data retention. Member States are considering whether these new elements should be introduced through an EU instrument or through national law in each Member State.

Source: EU Member States plan to ignore EU Court data retention rulings – EDRi

Irish court rejects Facebook bid to delay EU data privacy case

Ireland’s High Court has refused a request by Facebook to delay referral to Europe’s top court of a landmark privacy case that could strike down legal instruments used by U.S. tech companies to transfer EU users’ data to the United States.

The case is the latest to question whether methods used by technology firms such as Google and Apple to transfer data outside the 28-nation European Union give EU consumers sufficient protection from U.S. surveillance.

Source: Irish court rejects Facebook bid to delay EU data privacy case | Reuters

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