Category Archives for "Court cases"

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

New French data protection law declared constitutional and ready for promulgation

The French Constitutional Council has issued its ruling on June 12 regarding the new data protection law implementing the EU General Data Protection Regulation (GDPR). It’s a PASS! Almost a month after Senators referred the newly adopted data protection law to the Constitutional Council, thus blocking its promulgation on time for the GDPR’s entry into application last May 25, the suspense comes finally to an end.

Source: FRANCE: New data protection law declared constitutional and ready for promulgation

Argentina court decision clarifies the concept of sensitive data

The Federal Court of Appeals on Civil and Commercial Matters has expanded the country’s already robust data protections by ruling that the context in which data is gathered and processed matters when determining if it should be considered sensitive data.

Read more: Argentina court decision clarifies the concept of sensitive data

CJEU ruling causes “difficulty for fan page operators in fulfilling all data protection obligations”

7 June 2018 The Court of Justice of the European Union (‘CJEU’) issued, on 5 June 2018, its ruling (‘the Ruling’) in Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein v. Wirtschaftsakademie Schleswig-Holstein GmbH (C-210/16) addressing preliminary questions referred by the Federal Administrative Court (‘Bundesverwaltungsgericht’) including whether an administrator of a fan page on a social network qualifies as a joint controller with regards to the processing of personal data of visitors to the page.

Source: EU: CJEU ruling causes “difficulty for fan page operators in fulfilling all data protection obligations”

First court decision on GDPR

Only five days after the GDPR became applicable, the first German court, the Regional Court ( Landgericht ) Bonn (in a decision dated 29 May 2018, case number 10 O 171/18 – in German only), issued a ruling on the practical application of the GDPR.

The court was called upon to rule in an interim injunction proceeding about the data minimization principle set forth in Art. 5 (1) lit. c) GDPR. The Parties to the proceeding were the Internet Corporation for Assigned Names and Numbers (ICANN) against the German-based, ICANN-accredited Registrar EPAG Domainservices GmbH.

The court ruled that ICANN could not show credibly that the collection of data on administrative contact persons of domains is necessary pursuant to Art. 5 (1) lit c) GDPR and therefore that EPAG is not obligated to collect such data.

Source: Germany: First court decision on GDPR

Brief case-law companion for the GDPR professional

This collection of quotes from relevant case-law has been compiled with the purpose of being useful to all those working with EU data protection law.

This is a collection of specific findings of the Court of Justice of the EU (CJEU), the European Court of Human Rights (ECtHR) and one bonus finding of the German Constitutional Court.

Read full article: Brief case-law companion for the GDPR professional

Data Class Actions: The Era of Mass Data Litigation

Class actions are commonplace in the United States but relatively rare in Europe. The European Union wants to change that, by facilitating class actions for mass privacy and data breaches. With the development of big data, the scope and impact of potential data breaches or losses have indeed significantly increased.

Source: Data Class Actions: The Era of Mass Data Litigation

Facebook accused of conducting mass surveillance through its apps

Facebook used its apps to gather information about users and their friends, including some who had not signed up to the social network, reading their text messages, tracking their locations and accessing photos on their phones, a court case in California alleges.

Source: Facebook accused of conducting mass surveillance through its apps | Technology | The Guardian

Spanish court admits emails from internal investigation as evidence

A judicial decision, issued by the employment division of the Spanish Supreme Court, has confirmed the admissibility as evidence, to justify a dismissal, of the emails of the dismissed employee obtained in the course of an internal investigation.

This decision has its origin in a claim for unfair dismissal filed by an employee of a Spanish company which had been dismissed by the company for committing very serious infringements of the Spanish Workers’ Statute – it was proven that the dismissed employee had accepted a bribe from one of the company’s suppliers.

Source: Spanish court admits emails from internal investigation as evidence

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