Tag Archives for " CJEU "

Facebook’s court appeal over data transfer case set for January

Facebook’s unprecedented Supreme Court appeal aimed at halting a referral to the European Court of Justice (CJEU) concerning the validity of EU-US data transfer channels will be heard in January.

The court previously set a provisional hearing date of December 19th but, following a case management hearing on Thursday, has now fixed the case for January 21st.

Source: Facebook’s court appeal over data transfer case set for January

Police access to personal data retained by ISPs is a matter of proportionality

On October 2nd 2018, the Court of Justice of European Union (CJEU) held a decision confirming the conditions of access to personal data retained by providers of electronic communications services by the police in the context of a criminal investigation. CJEU concluded that as the interference that the access to personal data entails is deemed not serious, access to such data can be justified by the objective of preventing, investigating, detecting and prosecuting ‘criminal offences’ generally, without it being necessary that those criminal offences to which it relates be ‘serious’.

Full article: Eu: Access By The Police To Personal Data Retained By Providers Of Electronic Communications Services – A Matter Of Proportionality!

Facebook Supreme Court appeal to be heard in December

Facebook has got a provisional date of December 19th for its unprecedented Supreme Court appeal aimed at halting a referral to the European Court of Justice (CJEU) concerning the validity of EU-US data transfer channels.

The issues to be decided by the Supreme Court include whether there is any entitlement in the first place to appeal such a reference to the CJEU.

The High Court’s Ms Justice Caroline Costello previously ruled there was no such entitlement and she had made the referral before the Supreme Court agreed in July last to hear Facebook’s appeal.

Source: Facebook Supreme Court appeal to be heard in December

EU Court Endorses Minor Privacy Intrusion for Petty Crime

On Tuesday, the Grand Chamber of the European Court of Justice concluded that invasions of privacy are justified not just by the objective of fighting serious crime. “When the interference that such access entails is not serious, that access is capable of being justified by the objective of preventing, investigating, detecting and prosecuting ‘criminal offenses’ generally,” the ruling states.

As such, the ruling concludes, it would not unduly interfere with privacy rights to let police access “data for the purpose of identifying the owners of SIM cards activated with a stolen mobile telephone, such as the surnames, forenames and, if need be, addresses of the owners.” Such interference “is not sufficiently serious to entail that access being limited, in the area of prevention, investigation, detection and prosecution of criminal offenses, to the objective of fighting serious crime,” the ruling continues.

Source: EU Court Endorses Minor Privacy Intrusion for Petty Crime

Google fights against global ‘right to be forgotten’ in search

Lawyers for Google faced Europe’s top judges on Tuesday to argue against upholding the rights of European citizens to have links about them removed from search results across the whole of the internet, rather than just within the EU, as they do currently. Judges are expected to issue an opinion December 11. Court’s decision will affect not only Google but other search engines, too.

Source: Google fights against global ‘right to be forgotten’ in search – CNET

‘Right to be forgotten’ could threaten global free speech

The “right to be forgotten” online is in danger of being transformed into a tool of global censorship through a test case at the European court of justice (CJEU) this week, free speech organisations are warning.

An application by the French data regulator for greater powers to remove out of date or embarrassing content from internet domains around the world will enable authoritarian regimes to exert control over publicly available information, according to a British-led alliance of NGOs.

Source: ‘Right to be forgotten’ could threaten global free speech, say NGOs | Technology | The Guardian

German government pushing courts to submit data retention cases to CJEU

The German government is urging judges at the German Constitutional Court to submit a series of constitutional complaints filed against Germany’s data retention laws to the Court of Justice of the European Union (CJEU), threatening to delay the court’s verdict on the controversial data retention legislation by months or even years. If the cases are submitted to the ECJ, Germany’s constitutional court would have to wait for a ruling from the ECJ before issuing a verdict of its own.

Source: German government pushing courts to submit data retention cases to ECJ – Heise – Telecompaper

GDPR court decisions still only a trickle: there might be a deluge yet

Court decisions relating to privacy since GDPR came into force have not exactly been pouring out. But some key decisions have been made. Right now, it feels like regulators are waging a phoney war – it won’t last. We have seen more than nothing, but is there anything to startle the world?

Read article: GDPR court decisions still only a trickle: there might be a deluge yet

EU court rules religious communities are data controllers

Court of Justice of European Union (CJEU) ruled, on July 10, that religious community, such as the Jehovah’s Witnesses, is a controller, jointly with its members who engage in preaching, for the processing of personal data carried out by the latter in the context of door-to-door preaching. Thus the processing of personal data carried out in the context of such activity must respect the rules of EU law on the protection of personal data.

Source: CJEU Judgment in Case C-25/17 Tietosuojavaltuutettu v Jehovan todistajat

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

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