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Tag Archives for " CJEU "

EU court adviser: data privacy laws should apply in national security cases

The European Court of Justice should uphold its 2016 decision that personal data cannot be seized and held indiscriminately by governments even on national security grounds, the court’s advocate general said in an opinion on Wednesday.

Reacting to four cases in France, Belgium and Britain in which governments called for greater powers to override data privacy, the advocate general, Manuel Campos Sánchez-Bordona, argued that EU law applies.

Source: EU court adviser: data privacy laws should apply in national security cases – Reuters

Advocate general will issue his view on EU data transfers tomorrow

Henrik Saugmandsgaard Øe, Advocate general at the Court of Justice of the European Union, tomorrow will issue his opinion in case brought by Austrian privacy activist Max Schrems.

At stake are standard contractual clauses used by Facebook and hundreds of thousands of companies, ranging from banks to industrial giants to carmakers, to transfer personal data to the United States and other parts of the world.

The opinion by advocate general  is non-binding. However, judges follow such recommendations in four out of five cases. The court will rule in the coming months.

Source: Facebook, privacy activist Schrems battle nears end on Dec. 19 – Reuters

AG Opinion in Schrems II Delayed

The Advocate General’s (AG) Opinion in Case C-311/18, Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (so called “Schrems II”), has been delayed until the 19 th December 2019.

The primary question before the European Court of Justice, and the AG, in Schrems II is whether the European Commission’s standard contractual clauses are valid for transfers of personal data to the United States.

Source: UPDATE: AG Opinion in Schrems II Delayed

Facebook can be ordered to remove content worldwide

The E.U. Court of Justice ruled that Facebook and other platforms will need to remove information or block access to any illegal material, including in some instances content that is “equivalent.” Judges also can order it taken down worldwide, “within the framework of the relevant international law.”

The decision upheld an Austrian ruling in which a politician sued Facebook to remove defamatory content and the court ordered it removed globally. Facebook had previously removed the content in Austria only.

This judgment raises critical questions around freedom of expression and the role that internet companies should play in monitoring, interpreting and removing speech that might be illegal in any particular country.

Source: Facebook can be ordered to remove content worldwide, EU says – The Washington Post

Pre-Checked Cookie Consent Invalid, EU Court Rules

The Court of Justice of the European Union (CJEU) this morning ruled that storing cookies requires internet users’ active consent.

It’s not good enough, says the CJEU, to present users with a pre-checked box and require them to click it to opt out. That consent must be specific, and that users should be informed how long cookies will be stored for and used, and whether or not third parties will have access to them.

That decision is unaffected by whether or not the information stored or accessed on the user’s equipment is personal data.

Source: Pre-Checked Cookie Consent Invalid, EU Court Rules

Google wins landmark right to be forgotten case

Europe’s top court has ruled that Google does not have to apply the right to be forgotten globally.

It means that firm only needs to remove references to articles and other material from its search results in Europe – and not elsewhere – after receiving an appropriate request.

The ruling stems from a dispute between Google and a French privacy regulator.

Source: Google wins landmark right to be forgotten case

Top European Court to Review National Data Retention Laws

The Court of Justice for the European Union will hear challenges to the data retention laws of the UK, Belgium, and France.

The Court previously invalidated European and national data retention laws that required companies to retain communications data for law enforcement purposes. The new challenges, brought by civil society organizations, contend that European national laws fail to comply with the earlier rulings.

Source: Top European Court to Review National Data Retention Laws

CJEU to answer questions about Right to be delisted

French court the Conseil d’Etat has requested the European Court of Justice for a preliminary ruling on a series of questions concerning the implementation of the right to be delisted from search results.

The right to be delisted is not absolute. Insofar as the removal of links from the list of results displayed following a search made on the basis of a person’s name may have consequences on the legitimate interest of internet users to receive access to information, the European Court of Justice proceeds to strike a balance between such interest and the person’s fundamental rights, in particular the right to private life and to the protection of personal data.

Source: Right to be delisted

Websites Using Facebook “Like” Button Are Responsible for User Privacy

The Court of Justice for the European Union has ruled websites embedding the Facebook “like” button are responsible for user privacy.

In Fashion ID v Verbraucherzentrale NRW, the Court stated FashionID can be held jointly responsible with Facebook for compliance with Europe’s data protection rules. Facebook’s tracking technique collects the personal data of visitors to a third-party website and transfers it to Facebook.

Source: Top European Court Rules Companies Using Facebook “Like” Button Are Responsible for User Privacy

CJEU’s hearing on Schrems II has both sides worried ruling could be sweeping

On July 9 the Court of justice of European Union had its session in so called Schrems II case. The question is; whether U.S. law on the access of national security agencies to the personal data of non nationals, the Foreign Intelligence Service Act, breaks European data protection laws. And if so, does that invalidate currently legal data transfer mechanisms?

Court heard from the Irish Data Protection Commissioner, Facebook, the Electronic Privacy Information Center, DigitalEurope, the Business Software Alliance, the European Commission, the European Data Protection Board, the U.S. government as well as several EU countries and representatives of Max Schrems himself.

The EU court’s Advocate General Henrik Saugmandsgaard Øe said he will give his non-binding opinion in the case December 12 this year, with a full decision expected by early 2020.

Source: CJEU’s hearing on Schrems II has both sides worried ruling could be sweeping

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