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Category Archives for "Court cases"

What the outcome of the upcoming ruling in Facebook Ireland vs Schrems can mean for you

On the 16th of July, one of the most anticipated cases in data protection, case C-311/18 — Facebook Ireland versus Schrems — will be delivered by the EU Court of Justice.

The verdict in the groundbreaking “Schrems 2.0” case will dictate whether the widely used Standard Contractual Clauses (SCCs) and the EU/USA Privacy Shield will remain a valid means of transferring personal data to countries outside the EEA under the EU’s GDPR.

Full article: What the outcome of the upcoming ruling in Facebook Ireland vs Schrems can mean for your organisation and how to prepare for the 16th of July

YouTube not obliged to inform on film pirates, Europe’s top court says

Google’s YouTube is not required to hand over the email or IP address of users who upload films illegally to its video platform, Europe’s top court ruled on Thursday, saying there must be a balance between protecting personal data and copyright.

The case came before the Luxembourg-based Court of Justice of the European Union (CJEU) after a German court sought guidance on what video platforms must do to combat film piracy in a case concerning German film distributor Constantin Film Verleih.

The company, which had distribution rights to the films Scary Movie 5 and Parker in Germany, had asked YouTube and Google to provide the email addresses, telephone numbers and IP addresses of users who had uploaded those films illegally onto YouTube in 2013 and 2014.

Source: YouTube not obliged to inform on film pirates, Europe’s top court says – Reuters

Russian use of facial recognition technology challenged at ECHR

Activist Alyona Popova and politician Vladimir Milov have lodged a complaint to the European Court of Human Rights (ECHR) about Russia’s use of facial recognition technology.

The lawsuit is the first laid before the court challenging use of the technology for mass surveillance, according to Human Rights Watch, citing Popova’s and Milov’s lawyer, Kirill Koroteyev.

Source: Russian use of facial recognition technology challenged at ECHR

Facebook sues websites that sold Instagram likes and scraped Facebook user data

Social media network Facebook has filed two lawsuits this week against the operators of two websites that abused its platforms to sell Instagram likes and harvest passwords and information on Facebook users, respectively.

The lawsuits are just the latest in a long series of litigations the company has filed over the past one year and a half.

Source: Facebook sues websites that sold Instagram likes and scraped Facebook user data | ZDNet

Commission conducting ‘preparatory work’ should ECJ invalidate privacy shield

The European Commission is preparing for the eventuality that the European Court of Justice (ECJ) may invalidate the EU-US data transfer agreement, known as the Privacy Shield, Justice Commissioner Didier Reynders has said.

“We don’t have one plan, but we have some ideas about the different ways to give an answer, following the scope of the decision of the court,” he added, keeping his cards close to his chest, however, on the specifics of how the Commission would react to a legal invalidation of the Privacy Shield.

Source: Commission conducting ‘preparatory work’ should ECJ invalidate privacy shield  – EURACTIV.com

It’s unconstitutional for cops to force phone unlocking, court rules

Indiana’s Supreme Court has ruled that the Fifth Amendment allows a woman accused of stalking to refuse to unlock her iPhone.

The court held that the Fifth Amendment’s rule against self-incrimination protected Katelin Seo from giving the police access to potentially incriminating data on her phone. The courts are divided on how to apply the Fifth Amendment in this kind of case.

Source: It’s unconstitutional for cops to force phone unlocking, court rules | Ars Technica

The CNIL Can’t Legally Forbid Cookie Walls Under GDPR

France’s highest administrative court has ruled that the country’s data protection authority, the CNIL, does not have the right to ban cookie walls.

The Conseil d’État, a division of the French government that serves as its supreme court of administrative justice, issued a ruling on Friday in response to litigation initiated last year by French trade organizations.

Source: The CNIL Can’t Legally Forbid Cookie Walls Under GDPR | AdExchanger

Google Fights Privacy Suit Over Facial-Recognition Technology

Google plans to fight a potential class-action lawsuit over faceprints by arguing that the Illinois biometric privacy law doesn’t apply to data derived from photos — even though other judges haverejected that contention — according to court papers filed Monday.

The court papers come in response to a class-action complaint filed in February in San Jose, California, by Illinois resident Brandon Molander.

Source: Google Fights Privacy Suit Over Facial-Recognition Technology 06/17/2020

Google Loses Its Appeal On 50 Million Euro GDPR Fine

Google lost on appeal of 50 million euro fine levied against Google in January 2019 for GDPR breaches.

On Friday, the Conseil d’État, a division of the French government that serves as the supreme court of administrative justice, sided with France’s data protection authority, the CNIL, which levied the fine against Google.

Source: Google Loses Its Appeal On 50 Million Euro GDPR Fine | AdExchanger

A Landmark Ruling in Brazil: Paving the Way for Considering Data Protection as an Autonomous Fundamental Right

A historic ruling of the Brazilian Supreme Court from May 07, 2020 describes the right to data protection as an autonomous right stemming from the Brazilian Constitution.

By a significant majority, 10 votes to 1, the Court halted the effectiveness of the Presidential Executive Order (MP[1] 954/2020) that mandated telecom companies to share subscribers’ data (e.g., name, telephone number, address) of more than 200 hundred million individuals with the Brazilian Institute of Geography and Statistics (IBGE), the country’s agency responsible for performing census research.

Full article: A Landmark Ruling in Brazil: Paving the Way for Considering Data Protection as an Autonomous Fundamental Right

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