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Category Archives for "Court cases"

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

TikTok found secretly transferring user data to China

According to a lawsuit file by a college student TikTok has been secretly transferring user data to China without gaining consent.

The class-action lawsuit filed in California, accuses TikTok of secretly harvesting large amounts of personally identifiable user data and sending it to China. In addition, the lawsuit accuses TikTok and its parent company ByteDance, of taking user content without their consent.

Source: #Privacy: TikTok found secretly transferring user data to China – PrivSec Report

German Constitutional Court Reshapes “Right to be Forgotten” and Expands Its Oversight of Human Rights Violations

In two recent landmark decisions issued on November 6, 2019, the German Constitutional Court presented its unique perspective on the “right to be forgotten” and announced that it will assume a greater role in safeguarding German residents’ fundamental rights from now on.

In first case the court held that since media nad privacy rights are not fully harmonized by EU law, the fundamental rights guaranteed by the German Basic Law (Grundgesetz) applied. The court stressed that in areas where the law is not fully harmonized, the application of fundamental rights granted by national constitutions can lead to different outcomes in the Member States.

In second case the court followed the Google Spain decision with respect to the general principles, in particular by confirming that the right at stake was the right to privacy. However, in the end, Google prevailed and the court did not order the takedown of the links at issue.

Full article: German Constitutional Court Reshapes “Right to be Forgotten” and Expands Its Oversight of Human Rights Violations

AG Opinion in Schrems II Delayed

The Advocate General’s (AG) Opinion in Case C-311/18, Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (so called “Schrems II”), has been delayed until the 19 th December 2019.

The primary question before the European Court of Justice, and the AG, in Schrems II is whether the European Commission’s standard contractual clauses are valid for transfers of personal data to the United States.

Source: UPDATE: AG Opinion in Schrems II Delayed

NSO Employees Take Legal Action Against Facebook for Banning Their Accounts

The lawsuit argues Facebook violated its own terms of service and Israeli privacy law for using the employees’ personal information.

Last month, Facebook itself sued NSO in California for leveraging a vulnerability in the WhatsApp chat program that NSO Group clients used to hack targets. As part of that, Facebook also banned the personal Facebook and Instagram accounts of multiple current and former NSO employees.

Source: NSO Employees Take Legal Action Against Facebook for Banning Their Accounts – VICE

Facebook Seeks Dismissal Of Location Privacy Class-Action

Facebook is asking a federal judge to throw out a lawsuit claiming it wrongly collected users’ IP addresses and deduced their approximate locations, even when they attempted to prevent locationtracking.

Facebook counters in its new papers that it has never concealed its IP-address practices. The company also says its alleged practices don’t amount to the kind of “egregious” acts that would potentially violate people’s privacy.

Source: Facebook Seeks Dismissal Of Location Privacy Class-Action 11/19/2019

US court rules against warrantless searches of phones, laptops

A federal court in Boston has ruled that warrantless U.S. government searches of the phones and laptops of international travelers at airports and other U.S. ports of entry violate the Fourth Amendment.

Tuesday’s ruling in U.S. District Court came in a lawsuit filed by the American Civil Liberties Union and the Electronic Frontier Foundation on behalf of 11 travelers whose smartphones and laptops were searched without individualized suspicion at U.S. ports of entry.

Source: Court rules against warrantless searches of phones, laptops

UK Government Faces Court Over ‘Biased’ Visa Algorithm

The UK’s Home Office is facing a landmark Judicial Review to reveal how an algorithm it uses to triage visa applications works – in what appears to be the first case of its kind here, and which could open up a series of future similar demands in the public and private sectors if successful.

The legal challenge has been launched by campaign groups Foxglove – which focuses on legal rights in relation to the abuse of technology – and the Joint Council for the Welfare of Immigrants. They believe the algorithm ‘may be discriminating on the basis of crude characteristics like nationality or age – rather than assessing applicants fairly, on the merits‘.

Source: UK Government Faces Court Over ‘Biased’ Visa Algorithm – Artificial Lawyer

Australian regulator files privacy suit against Google alleging location data misuse

An Australian regulator has filed a lawsuit against Alphabet Inc’s Google, accusing it of misleading smartphone users about how it collected and used personal location data, advancing a global crackdown on the world’s biggest tech firms.

The Australian Competition and Consumer Commission (ACCC) said the local Google unit did not tell users of its Android operating system for almost two years that they needed to switch off two settings – not one – if they did not want the company to keep their information.

Source: Australian regulator files privacy suit against Google alleging location data misuse – Reuters

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