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Tag Archives for " CJEU "

CJEU Considers the Use of CCTV and Legitimate Interests

With the use of CCTV on the rise, it has become increasingly important for controllers to find a framework in which the conflicting rights of those who are subject to such surveillance are balanced.

In its recent decision of TK v Asociaţia de Proprietari bloc M5A-ScaraAmonit, the CJEU considered whether the processing carried out by CCTV cameras was necessary and proportionate for the purposes of legitimate interests pursued by the controller. The CJEU re-emphasised that the legitimate interests condition requires processing to apply only so far as “strictly necessary”.

Source: CJEU Considers the Use of CCTV and Legitimate Interests

Advocate General delivers opinion on GDPR consent

On March 4, 2020, Advocate General Szpunar (“AG”) delivered his opinion in the case C-61/19 Orange România SA v Autoritatea Naţională de Supraveghere a Prelucrării Datelor cu Caracter Personal (ANSPDCP).

The AG concluded that a printed telecommunication contract stating that customers consent to the processing of a copy of their identification card does not meet the strict requirements for consent of the GDPR, even if the customers are orally informed that they can refuse their consent by writing this by hand on the contract.

Source: Advocate General delivers opinion on GDPR consent

EU-UK Brexit talks: Differences clear after first week – BBC News

The two sides are far apart on key issues as the UK team heads home

If the sensitive personal data of EU citizens, such as DNA or criminal records, is going to be shared with the UK for crime-fighting purposes, then the EU wants the European Court of Justice (CJEU) to be the ultimate arbiter of the rules.

The EU also wants the European Convention on Human Rights (ECHR) to apply.

The UK does not want the CJEUto be mentioned anywhere in any deal. It also says that committing to the ECHR in an international agreement ties the government’s hands at a time when it’s carrying out its own review into the operation of human rights law in the UK.

Source: EU-UK Brexit talks: Differences clear after first week – BBC News

No Presumption of Confidentiality Over Documents Submitted in Marketing Authorization Dossier

On January 22, 2020, the Court of Justice of the European Union (CJEU) found that there is not a general presumption of confidentiality over documents containing clinical and preclinical data provided to the European Medicines Agency (EMA) to support a marketing authorization application.

However, the CJEU indicated that certain information may be protected if the interested party can specifically show that the disclosure will cause it harm. This is the first time the CJEU has ruled on this matter, upholding the EMA’s approach to handling access to documents requests.

Source: Highest European Court Confirms: No Presumption of Confidentiality Over Documents Submitted in Marketing Authorization Dossier

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

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