Free tools and resources for Data Protection Officers!

Tag Archives for " CJEU "

EU Advocate General Issues Opinion on Consent for Cookies and Intersection with the GDPR

On March 21, 2019, Advocate General Szpunar released his opinion in the Planet49 case, currently pending before the Court of Justice of the European Union (CJEU). The case centers on the use of consent for the processing of personal data and consent for the use of cookies.

In the Advocate General’s view, the pre-ticked box for cookies does not provide a valid active consent under the GDPR nor under the ePrivacy Directive. Moreover, he considers that the ePrivacy Directive’s consent requirement for cookies applies irrespective of whether the collected data qualify as personal data.

Source: EU Advocate General Issues Opinion on Consent for Cookies and Intersection with the GDPR

CJEU to clarify scope of copyright infringement data requests

The EU’s highest court has been asked to clarify what information copyright holders have a legal right to obtain from online platforms and intermediaries about internet users who are allegedly responsible for infringing their rights.

Source: CJEU to clarify scope of copyright infringement data requests

European Court confirms journalism exception for citizen-journalists, but not in France?

Under European data protection law, journalists enjoy some regulatory exemptions when processing personal data for journalistic purposes, balancing the right to the protection of personal data with the principle of freedom of expression.

A question which has however sparked some debate is whether so-called citizen journalists, such as bloggers, can rely on the derogation for journalistic purposes as well. In its judgment of 14 February 2019 in the Sergejs Buivids v. Datu valsts inspekcija case, the Court of Justice of the European Union (CJEU) has answered this question affirmatively.

Source: EU: European Court confirms journalism exception for citizen-journalists, but not in France?

Irish DPA asks Supreme Court to uphold ruling in Facebook case

Facebook wants to alter High Court findings on issues concerning the validity of EU-US data transfer channels because it “doesn’t like them” and does not want them put before the Court of Justice European Union (CJEU), the Data Protection Commissioner has told the Supreme Court.

A core issue in Facebook’s appeal is whether there is any legal entitlement to appeal a referral to the CJEU.

Source: Facebook wants to alter findings because ‘it doesn’t like them’, court told

EU court advised to limit scope of ‘right to be forgotten’

Search engines should not be forced to alter their search results for users outside of the EU when complying with ‘right to be forgotten’ requests made under EU data protection laws, a senior adviser to the EU’s highest court has said.

Full article: EU court advised to limit scope of ‘right to be forgotten’

‘Right to be forgotten’ by Google should apply only in EU, says court opinion

The “right to be forgotten”, which enables claimants to request the removal of links to irrelevant or outdated online information about them, should not be enforceable globally, the European court of justice (ECJ) has found in a preliminary opinion.

The controversial power, requiring search engines to prevent access to material on the internet, should be enforceable only in the EU and not worldwide, the court’s advocate general, Maciej Szpunar, said. Final judgments by the ECJ usually endorse initial opinions.

Full article: ‘Right to be forgotten’ by Google should apply only in EU, says court opinion | Technology | The Guardian

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

1 2 3 6
>