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Category Archives for "Court cases"

EU court adviser: data privacy laws should apply in national security cases

The European Court of Justice should uphold its 2016 decision that personal data cannot be seized and held indiscriminately by governments even on national security grounds, the court’s advocate general said in an opinion on Wednesday.

Reacting to four cases in France, Belgium and Britain in which governments called for greater powers to override data privacy, the advocate general, Manuel Campos Sánchez-Bordona, argued that EU law applies.

Source: EU court adviser: data privacy laws should apply in national security cases – Reuters

German Constitutional Court to hold hearing on surveillance powers of the “German NSA”, the BND

The Federal Constitutional Court will hold a hearing on the BND Act on January 14th and 15th, 2020.

Plaintiffs expect a fundamental ruling defining the limits of intelligence gathering abroad. An alliance of six media organisations and the Gesellschaft für Freiheitsrechte (GFF) had filed a constitutional complaint against the BND Act, which gives broad surveillance powers to the Federal Intelligence Service (BND).

Source: German Constitutional Court to hold hearing on surveillance powers of the “German NSA”, the BND – GFF – Gesellschaft für Freiheitsrechte e.V.

Dutch Court Decides on Scope of GDPR Right of Access

In late December 2019, the Court of The Hague (Netherlands) published a preliminary reference procedure (see here , in Dutch). The Court was asked to decide on the scope of the right of access under the GDPR.

The Court also pointed out that the GDPR does not grant a right to obtain a copy of documents; it only grants a right to obtain a copy of personal data. In relation to documents that do not contain much personal information, such as the e-mails in question, the court held that it suffices to describe the data they contain.

Source: Dutch Court Decides on Scope of GDPR Right of Access

Google To Settle Lawsuit Over Google+ Data Breaches for $7.5 million

Google has agreed to pay $7.5 million to resolve a class-action lawsuit over data breaches that exposed private information of former Google+ users to outside developers.

The proposed settlement allows users of the defunct Google+ who were affected by data breaches to receive between $5 and $12.

Source: Google Agrees To Settle Lawsuit Over Google+ Data Breaches 01/08/2020

LifeLabs faces proposed class action after data breach affects up to 15M clients

A proposed class action lawsuit has been filed against medical services company LifeLabs over a data breach that allowed hackers to gain access to the personal information of up to 15 million customers.

The plaintiffs allege LifeLabs “failed to implement adequate measures and controls to detect and respond swiftly to threats and risks to the Personal Information and health records of the class members,” in violation of the company’s own privacy policy.

Source: LifeLabs faces proposed class action after data breach affects up to 15M clients | CTV News

Man sues Ring after someone hacked security camera

A lawsuit filed by an Alabama man alleges that someone gained access to his Ring security camera and used the device’s two way-speaker system to harass his children.

The lawsuit, filed in federal court in California, claims that the camera systems are “fatally flawed.” It also states that the company does not offer two-factor authentication and only requires its users to use basic passwords when setting up the devices.

Source: U.S. man sues Ring after someone hacked security camera, harassed his children | CTV News

Advocate general thinks Standard Contractual Clauses are valid for data transfers out of EU

Henrik Saugmandsgaard Oe, advocate general to the Court of Justice of the European Union (CJEU), in his opinion issued yesterday said the use of so-called standard contractual clauses by Facebook and other firms to transfer information abroad is “valid.”

His non-binding opinion is not a ruling as such, but legal experts say opinions from the advocate general are typically followed by the court in a majority of cases. The CJEU will rule on the case in the coming months.

Source: Schrems vs. Facebook: Legal advisor to EU supreme court gives opinion

Advocate general will issue his view on EU data transfers tomorrow

Henrik Saugmandsgaard Øe, Advocate general at the Court of Justice of the European Union, tomorrow will issue his opinion in case brought by Austrian privacy activist Max Schrems.

At stake are standard contractual clauses used by Facebook and hundreds of thousands of companies, ranging from banks to industrial giants to carmakers, to transfer personal data to the United States and other parts of the world.

The opinion by advocate general  is non-binding. However, judges follow such recommendations in four out of five cases. The court will rule in the coming months.

Source: Facebook, privacy activist Schrems battle nears end on Dec. 19 – Reuters

Campaigners threaten UK parties with legal action over data processing

Open Rights Group issue urgent notice to Labour, Conservatives and Lib Dems, representing three individuals.

A data rights group has threatened legal action against the Conservatives, Labour and the Liberal Democrats over the parties’ use of personal data ahead of Thursday’s election.

Source: Campaigners threaten UK parties with legal action over data processing

Lawsuit challenges Trump administration’s policy on collecting foreigners’ social media accounts

Free-speech advocates say in a lawsuit filed Thursday that the policy violates federal law and runs afoul of the Constitution.

The requirement — implemented as part of the president’s controversial crackdown on immigration — amounts to an illegal surveillance dragnet that threatens to chill political expression online, according to a group of documentary filmmakers, who filed their case with the backing of two advocacy groups, the Brennan Center for Justice and the Knight First Amendment Institute.

Source: Lawsuit challenges Trump administration’s policy on collecting foreigners’ social media accounts – The Washington Post

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