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Category Archives for "Court cases"

Companies ‘can sack workers for refusing to use fingerprint scanners’

Fair Work Commission rejects case by Queensland sawmill worker who said scanning system was a breach of his privacy Businesses using fingerprint scanners to monitor their workforce can legally sack employees who refuse to hand over biometric information on privacy grounds, the Fair Work Commission has ruled.

Full article: Companies ‘can sack workers for refusing to use fingerprint scanners’

Facebook May Face 100M Euro Lawsuit Over Privacy Breach

A French nongovernmental organization wants Facebook Inc. to pay 100 million euros ($113 million) and fix any problems stemming from recent data security incidents and privacy breaches.

The Internet Society of France says Facebook collected data on nonusers without getting their consent, and illegally limited its responsibilities with respects to personal information. The NGO also claimed that Facebook unduly collected the political opinions, religious beliefs, and sexual orientation of its users in violation of EU privacy laws.

The Internet Society is seeking 100 million in euros from Facebook if they can get 100,000 EU data subject to join the complaint. The organization said Facebook has four months to respond before it files its action in the Court of First Instance of Paris.

Source: Facebook May Face 100M Euro Lawsuit Over Privacy Breach

U.S. Court Allows Video Deposition Over EU Deponent’s Privacy Objections

A U.S. court has recently ruled that an EU citizen’s privacy rights and the GDPR do not trump a U.S. litigant’s right to obtain discovery, including video-taped depositions.  A federal magistrate denied an EU citizen’s motion for protective order, holding that the deponent could not rely on EU privacy law to withhold consent to a duly-noted video-recorded deposition scheduled to take place in London.

Full article: U.S. Court Allows Video Deposition Over EU Deponent’s Privacy Objections

UK Court of Appeal reverses High Court decision on data subject access requests

In June 2018, in B v General Medical Council [2018] EWCA Civ 1497, a majority of the Court of Appeal reversed the earlier decision of the English High Court and permitted General Medical Council, as data controller, to disclose an expert medical report to a patient pursuant to a data subject access request.

Full article: UK Court of Appeal reverses High Court decision on data subject access requests

How real is the threat of data protection group litigation in the UK?

In the run up to the implementation of the EU General Data Protection Regulation 2016/679, there were various dystopian predictions of huge fines and the rise of US style class action. Some of these claims have rightly been criticised as sales patter and scaremongering.

Two recent cases in the English courts help to some extent to clarify the evolving risk of group litigation for data protection, albeit that these are early skirmishes and there will undoubtedly be more litigation to follow.

Source: UK: How real is the threat of data protection group litigation in the UK?

Neighbors Take Tate Modern to Court Over Privacy

The 10-floor viewing terrace of the Tate Modern art gallery in London has a 360-degree view of the city, including some of its most famous landmarks, but also into the private lives of residents of luxury apartments in a neighboring building.

The owners of four apartments in the building sued gallery in 2017 claiming a “relentless” invasion of privacy. They are seeking an injunction that would require the gallery either to restrict access to parts of the terrace adjacent to their homes or to erect a screen. On Friday, a court began hearing their case.

Source: You Can See What? Neighbors Take Tate Modern to Court Over Privacy – The New York Times

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

Japan superfans lose fight for 1966 Beatles tour footage

Group of Japanese Beatles fans have lost their bid to get police to hand over historic footage of the band’s 1966 Japan visit.The superfans took their battle for the film — recorded by police as a security measure — all the way to the Supreme Court, arguing it was a “historical document.”

Police had offered to release the footage, reportedly about 35 minutes long, but only after blurring the faces of everyone in the film except the Beatles, citing privacy reasons. Two lower courts backed the police against a group of citizens from Nagoya who wanted the entire film released uncensored, saying it would be almost impossible to identify people in the footage more than 50 years later. But the long and winding legal battle ended last week when the Supreme Court rejected their argument, the group announced.

Source: Don’t let me down: Japan superfans lose fight for 1966 Beatles tour footage | The Japan Times

Lloyd v Google – putting the brakes on English data breach litigation?

A judgment handed down today by the English High Court will be welcomed by UK data controllers. Lloyd v Google [2018] EWHC 2599 represents a corollary to recent case law expanding the circumstances in which litigation may be brought in relation to breaches of data protection legislation.

Full article: Lloyd v Google – putting the brakes on English data breach litigation?

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!

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