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Category Archives for "Court cases"

Police keeping drink-driver’s DNA breached his rights, Human Rights Court rules

UK police who indefinitely retained in their records the DNA profile of a man convicted of drink-driving breached his human rights, Strasbourg judges have ruled.

Gaughran had complained that the Police Service of Northern Ireland’s continued retention of his DNA profile (the digital record of his DNA sample), fingerprints and a photograph was a breach of his privacy.

Gaughran was arrested for drink-driving in 2008 and pleaded guilty at Newry magistrates court. He was disqualified from driving for a year.

The judges said Gaughran’s biometric data had been held without reference to the severity of his offence. The UK’s regulations failed to strike a fair balance between competing public and private interests, the ECHR concluded.

Source: Police keeping drink-driver’s DNA breached his rights, judges rule | UK news | The Guardian

Welfare surveillance system violates human rights, Dutch court rules 

A Dutch court has ordered the immediate halt of an automated surveillance system for detecting welfare fraud because it violates human rights, in a judgment likely to resonate well beyond the Netherlands.

The case was seen as an important legal challenge to the controversial but growing use by governments around the world of artificial intelligence (AI) and risk modelling in administering welfare benefits and other core services.

Source: Welfare surveillance system violates human rights, Dutch court rules | Technology | The Guardian

Clearview AI Slammed With New Lawsuit Over ‘Faceprint’

The start-up Clearview AI, which reportedly sells faceprint databases to police departments, is now facing a second potential class-action lawsuit.

Clearview violates a state law that gives people the right to control the commercial use of their names and images, a Virginia resident alleges in a complaint filed Monday.

Source: Clearview AI Slammed With New Lawsuit Over ‘Faceprint’ Sales 02/05/2020

German court sides with consumer groups against Facebook data collection

Facebook has suffered a blow against its data collection practices in Europe, with a German court ruling some of the social media giant’s user terms.

Last week a Berlin Court ruled in favour of the Federation of German Consumer Organisations, known locally as VZBV, in its case against Facebook. VZBZ alleged the tech giant is violating GDPR’s “informed consent” requirements with its privacy settings and some of its terms and conditions.

Source: German court sides with consumer groups against Facebook data collection – Which-50

No Presumption of Confidentiality Over Documents Submitted in Marketing Authorization Dossier

On January 22, 2020, the Court of Justice of the European Union (CJEU) found that there is not a general presumption of confidentiality over documents containing clinical and preclinical data provided to the European Medicines Agency (EMA) to support a marketing authorization application.

However, the CJEU indicated that certain information may be protected if the interested party can specifically show that the disclosure will cause it harm. This is the first time the CJEU has ruled on this matter, upholding the EMA’s approach to handling access to documents requests.

Source: Highest European Court Confirms: No Presumption of Confidentiality Over Documents Submitted in Marketing Authorization Dossier

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

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