Tag Archives for " CJEU "

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An application by the French data regulator for greater powers to remove out of date or embarrassing content from internet domains around the world will enable authoritarian regimes to exert control over publicly available information,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

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

1 2 3 5
>