Category Archives for "Court cases"

B.C. Court Leaves Google Global Takedown Order Intact Pending Full Trial

A British Columbia court has denied Google’s request to vary an injunction requiring it to remove search results from its global index, concluding that a U.S. ruling that did not demonstrate that the removal would result in a violation of U.S. law.

Source: B.C. Court Leaves Google Global Takedown Order Intact Pending Full Trial

The 11 key considerations in Schrems II, in laymen’s terms

The lengthy Schrems II case decided by the Irish High Court in October 2017 left open which questions would be referred to the Court of Justice of the European Union.

Those 11 questions have now been published by the court, with a slight possibility of revision after reviewing further submissions by defendant Facebook.

Source: The 11 key considerations in Schrems II, in laymen’s terms

Russian court blocks popular messaging app in privacy row

A Russian court on Friday ordered the blocking of a popular messaging app, Telegram, after it rejected to share its encryption data with authorities.

The Moscow court on Friday ruled in favor of the Russian communications watchdog, which had demanded that Telegram be blocked in Russia until it hands over the keys to its encryption.

Source: Russian court blocks popular messaging app in privacy row

Facebook and Cambridge Analytica face class action lawsuit

British and US lawyers have launched a joint class action against Facebook, Cambridge Analytica and two other companies for allegedly misusing the personal data of more than 71 million people.

The lawsuit claims the firms obtained users’ private information from the social media network to develop “political propaganda campaigns” in the UK and the US.

Source: Facebook and Cambridge Analytica face class action lawsuit | News | The Guardian

Misuse of employee´s image may breach law

One of the personal rights of employees is honour and reputation, which is contained in Article 18.1 of the Spanish Constitution and is closely connected to the right to private and family life in Article 12 of the United Nations Universal Declaration of Human Rights and Article 8 of European Convention on Human Rights.

From a national perspective in Spain, Organic Law 1/1982 provides protection of both the right to honour and reputation and the right to personal and family life.

Source: Spain – Misuse of employee´s image by employer triggers breach of self-image right | Ius Laboris

Portugal: Data retention sent to the Constitutional Court

A new chapter is expected to soon be written in the long battle between lawmakers and the Constitutional Court in Portugal, regarding the intelligence services’ access to data retention. In January 2018, 35 Members of the Parliament (MP) from three parties officially requested the Constitutional Court to provide a rule on the constitutionality of the new law that grants intelligence services access to retained data.

The Constitutional Court has already declared the unconstitutionality of a similar law in 2015, after the president requested a preventive ruling by the Court, before signing the law.

Source: Portugal: Data retention sent to the Constitutional Court – EDRi

Man who gave interviews about his crimes asks court to delete Google results

The Right to be Forgotten trial has heard arguments on whether a man who gave interviews about his criminal past should be able to have those reports, among others, deleted from Google Search.

“The claimant in this case is a businessman who more than a decade ago pleaded guilty to an offence of conspiracy to intercept communications in a business context,” his barrister, Hugh Tomlinson QC of Matrix Chambers, told London’s High Court yesterday morning, adding that his client “was sentenced to a short term of imprisonment”.

Source: Man who gave interviews about his crimes asks court to delete Google results • The Register

Canadian Court Re-examines Google Takedown Order In Light of U.S. Ruling

Last year’s Supreme Court of Canada Google v. Equustek case , which upheld a B.C. court’s global takedown order, continues to play out in the courts.

The Supreme Court decision noted that it was open to Google to raise potential conflict of laws with the B.C. court in the hopes of varying the order: If Google has evidence that complying with such an injunction would require it to violate the laws of another jurisdiction, including interfering with freedom of expression, it is always free to apply to the British Columbia courts to vary the interlocutory order accordingly.

Source: Back to B.C.: Court Re-examines Google Takedown Order In Light of U.S. Ruling

WhatsApp sharing user data with Facebook would be illegal, rules ICO

The UK’s data protection watchdog has concluded that WhatsApp’s sharing of user data with its parent company Facebook would have been illegal.

The messaging app was forced to pause sharing of personal data with Facebook in November 2016, after the Information Commissioner’s Office said it had cause for concern. The ICO opened a full investigation into the matter in August that year.

Source: WhatsApp sharing user data with Facebook would be illegal, rules ICO | Technology | The Guardian

Google not obligated to vet websites, German court rules

Google is not obligated to ensure websites are free from defamatory content before displaying links to them in search results, Germany’s highest court ruled on Tuesday.

The case, which comes in the context of debate about the so-called “right to be forgotten”, had been brought by two individuals seeking Google to prevent its search engine from displaying links to websites on which they were verbally attacked by other internet users.

Source: Google not obligated to vet websites, German court rules

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