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Category Archives for "Court cases"

California WeChat Users Sue Tencent Over Fear of Chinese Censors

A group of California WeChat users sued Tencent Holdings Ltd., the Chinese owner of the messaging and payment app, for allegedly violating their right to privacy by surveilling and censoring their communications.

Citizen Power Initiatives for China, a group promoting transition to Democracy in China, and six anonymous WeChat users said comments made using WeChat that can be perceived as critical of the Chinese government have led to the users’ accounts being frozen, causing them to be cut of from friends and relatives in China as well as their business clients in the U.S.

Source: California WeChat Users Sue Tencent Over Fear of Chinese Censors – Bloomberg

BA facing potential ‘£800m’ lawsuit over data breach

British Airways (BA) is potentially facing the largest privacy class-action lawsuit in UK history over its mass customer data breach that affected 400,000 people, according to a law firm involved.

More than 16,000 people are now understood to have joined a case seeking compensation from the airline over the 2018 incident. PGMBM, the law firm representing the claimants, says each claimant could claim £2,000 each, bringing the total to more than £800m.

Source: BA facing potential ‘£800m’ lawsuit over data breach

Digital fingerprints on ID cards – no violation of the right to privacy, says Belgian Constitutional Court

On 14 January 2021, the Belgian Constitutional Court delivered a  judgment on the legality of the integration of the digital format of two fingerprints in ID cards, introduced through Article 27 of the Belgian law of 25 November 2018.

After a balancing of interests, the Court ruled that the inclusion of digital fingerprints on ID cards does not violate the fundamental right to respect for private life, thereby providing clarity on a heavily criticized matter and setting an important precedent.

Source: Belgium: Digital fingerprints on ID cards – no violation of the right to privacy according to the Belgian Constitutional Court – Privacy Matters

FTC Remedial Power Under Scrutiny at U.S. Supreme Court

On Wednesday, January 13, the Supreme Court heard arguments in AMG Capital Management LLC v. Federal Trade Commission.

This case raises the question whether the Federal Trade Commission (FTC) has been properly using Section 13(b) of the FTC Act, the provision authorizing requests for preliminary and permanent injunctions where the FTC believes the defendant “is violating, or is about to violate, any provision of law enforced by the Federal Trade Commission,” to obtain monetary relief such as disgorgement or restitution.

Source: FTC Remedial Power Under Scrutiny at U.S. Supreme Court

Facebook sues two Chrome extension devs for scraping user data

Facebook filed a lawsuit today in Portugal against two Portuguese nationals for developing browser extensions that scraped user data from Facebook sites. All extensions were developed by a software company named “Oink and Stuff,” specialized in creating Android apps and browser extensions for Chrome, Firefox, Opera, and Microsoft Edge.

While the company develops a wide array of browser extension, Facebook said it found data collection-related malicious behavior inside four extensions named Web for Instagram plus DM, Blue Messenger, Emoji keyboard, and Green Messenger, which Facebook said “functioned like spyware.”

Source: Facebook sues two Chrome extension devs for scraping user data | ZDNet

Germany′s foreign intelligence service under pressure

The European Court of Human Rights (ECHR) has admitted a Reporters Without Borders (RWB) complaint claiming that people are not properly protected against groundless and unjustified mass surveillance by Germany’s foreign intelligence service, the BND.

The admission of the complaint on a European level opens up the possibility, “of finally remedying this untenable abuse of law,” said Christian Mihr, executive director of the RWB, an international organization that represents the interests and safety of journalist worldwide.

Source: Big brother: Germany′s foreign intelligence service under pressure | Germany| News and in-depth reporting from Berlin and beyond | DW | 14.01.2021

Court says all EU states can take data cases against Facebook

On January the 13th, the Advocate General of the Court of Justice of the European Union (CJEU) has delivered his opinion in the case opposing Facebook and the Belgian Data Protection Authority.

According to his opinion, which reiterates the principle defended by the Belgian DPA, the one-stop shop mechanism established by the GDPR does not prevent supervisory authorities from bringing proceedings to court before a national judge as long as it is in situations specifically provided for in the GDPR.

If upheld, the advocate general’s opinion, issued on Wednesday, would mean any of the 27 member states’ data authorities could take action against the social media giant headquartered in Dublin, potentially unleashing a flood of complaints against big tech companies.

Source: Court says all EU states can take data cases against Facebook

High Court dismisses claim where DSAR regime abused

The High Court of England and Wales has dismissed a claim against a bank for allegedly failing to provide an adequate response to the Claimant’s data subject access request (DSARs), highlighting the robust approach that the court is willing to take where it suspects the tactical deployment (or abuse) of the DSAR regime.

Individuals and claimant firms are increasingly using DSARs as a means of seeking to obtain information and documentation in support of civil claims and in parallel to or before disclosure obligations under the Civil Procedure Rules bite. Where those requests are repetitive, numerous, and the real purpose is to obtain documents and not data, businesses might reasonably resist civil claims raising similar factual issues.

Source: Data Subject Access Requests – High Court dismisses claim where DSAR regime abused

UK Mass Hacking Ruled Illegal

After five years of legal wrangling, the UK High Court has ruled that the security and intelligence services cannot search the computers and phones of millions of people under a single ‘general warrant’.

Quashing a decision by the Investigatory Powers Tribunal (IPT), the court ruled that section 5 of the Intelligence Services Act (ISA) 1994 does not permit the issuing of general warrants to property interference with property and certain forms of computer hacking.

Source: UK Mass Hacking Ruled Illegal

Mobile Users Consented To Share Analytics Data With Developers, Google Argues

Google is urging a federal judge to dismiss claims that it violated mobile users’ privacy by sending analytics data about their web activity to outside developers.

The legal battle, which dates to July, focuses on Google Analytics for Firebase — a tool that allows developers to learn data about consumers’ activity, including the website the user was visiting immediately before visiting the app. Google Analytics for Firebase can also collect data about browsing histories and search queries.

Source: Mobile Users Consented To Share Analytics Data With Developers, Google Argues 12/22/2020

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