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Category Archives for "Court cases"

US court rules against warrantless searches of phones, laptops

A federal court in Boston has ruled that warrantless U.S. government searches of the phones and laptops of international travelers at airports and other U.S. ports of entry violate the Fourth Amendment.

Tuesday’s ruling in U.S. District Court came in a lawsuit filed by the American Civil Liberties Union and the Electronic Frontier Foundation on behalf of 11 travelers whose smartphones and laptops were searched without individualized suspicion at U.S. ports of entry.

Source: Court rules against warrantless searches of phones, laptops

UK Government Faces Court Over ‘Biased’ Visa Algorithm

The UK’s Home Office is facing a landmark Judicial Review to reveal how an algorithm it uses to triage visa applications works – in what appears to be the first case of its kind here, and which could open up a series of future similar demands in the public and private sectors if successful.

The legal challenge has been launched by campaign groups Foxglove – which focuses on legal rights in relation to the abuse of technology – and the Joint Council for the Welfare of Immigrants. They believe the algorithm ‘may be discriminating on the basis of crude characteristics like nationality or age – rather than assessing applicants fairly, on the merits‘.

Source: UK Government Faces Court Over ‘Biased’ Visa Algorithm – Artificial Lawyer

Australian regulator files privacy suit against Google alleging location data misuse

An Australian regulator has filed a lawsuit against Alphabet Inc’s Google, accusing it of misleading smartphone users about how it collected and used personal location data, advancing a global crackdown on the world’s biggest tech firms.

The Australian Competition and Consumer Commission (ACCC) said the local Google unit did not tell users of its Android operating system for almost two years that they needed to switch off two settings – not one – if they did not want the company to keep their information.

Source: Australian regulator files privacy suit against Google alleging location data misuse – Reuters

Facebook must face $35B facial-recognition lawsuit following court ruling

Facebook’s most recent attempt to extricate itself from a potentially landmark lawsuit has come to a dead end, as a federal court declined to hear another appeal to stop the $35 billion class action.

In San Francisco last week, the US Court of Appeals for the 9th Circuit denied Facebook’s petition for an en banc hearing in the case. Usually, appeals cases are heard by a panel of three judges out of all the judges who work in a given circuit. An en banc hearing is a kind of appeal in which a much larger group of judges hears a case. In the 9th Circuit, 11 of the 29 judges sit on en banc cases.

Source: Facebook must face $35B facial-recognition lawsuit following court ruling | Ars Technica

Is Ireland breaching EU rules by underfunding data regulator?

Ireland provided the Data Protection Commission with significantly less funding than it needs at a time when it is struggling to cope with the extra work it got landed with following the introduction of GDPR last year.

Not only does this put the Government potentially at risk by leaving the commission without proper resources, but it also could be against the law. Data protection consultant Daragh O’Brien of Irish company Castlebridge Associates certainly thinks so. He has filed a complaint to the European Commission, suggesting the State has probably breached its obligations under GDPR, the Law Enforcement Directive and the EU Charter of Fundamental Rights.

Source: Is Ireland breaching EU rules by underfunding data regulator?

£100 million data breach claim against Equifax

North West based data breach and cybersecurity specialist Hayes Connor Solicitors is the first in the UK to serve a representative data breach claim in the High Court.

The action could see Equifax ordered to pay up to £100 million in compensation to its estimated 15 million UK customers affected by its 2017 data breach.

The action follows the Court of Appeal’s decision on the Lloyd v Google case on 2nd October which ruled that a law firm could bring a claim for compensation for just one affected individual following a data breach and be awarded compensation for the entire affected population.

Source: Hayes Connor issues landmark £100 million data breach claim against Equifax | Business Up North

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

Debt Collection Agency to Pay $267 Million in Robocall Lawsuit

On September 10, 2019, California federal judge entered a $267 million judgment against a debt collection agency, Rash Curtis & Associates.

Rash Curtis & Associates contacted consumers via robocall without their prior express consent, a violation of the Telephone Consumer Protection Act (TCPA). The jury found that the debt collection company made more than 534,000 such unsolicited robocalls.

Source: Verdict: Debt Collection Agency to Pay $267 Million in Robocall Lawsuit | Top Class Actions

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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