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Category Archives for "Court cases"

European Court confirms journalism exception for citizen-journalists, but not in France?

Under European data protection law, journalists enjoy some regulatory exemptions when processing personal data for journalistic purposes, balancing the right to the protection of personal data with the principle of freedom of expression.

A question which has however sparked some debate is whether so-called citizen journalists, such as bloggers, can rely on the derogation for journalistic purposes as well. In its judgment of 14 February 2019 in the Sergejs Buivids v. Datu valsts inspekcija case, the Court of Justice of the European Union (CJEU) has answered this question affirmatively.

Source: EU: European Court confirms journalism exception for citizen-journalists, but not in France?

Alphabet.inc sued for Google data breach and alleged sexual misconduct

Google are up against a “credible basis” for suspicious mismanagement at Google parent firm, Alphabet, following a lawsuit filed in Delaware last week.

Investigations into Alphabet have reached Chancery Court in the eastern US state of Delaware, regarding official documents linked to the way the firm dealt with allegations of sexual misconduct that were made against some of Google’s C-suite members.

Source: Alphabet.inc sued for Google data breach and alleged sexual misconduct

Companies’ Right to Privacy

On January 3, 2019, the federal trial court in Manhattan issued a preliminary injunction, temporarily halting a new local law aimed at required disclosures by home-sharing platforms, such as Airbnb and HomeAway, to the city.

The court granted the preliminary injunction on the basis that the city’s broad requirement that the services turn over detailed customer information on a monthly basis likely violated the Fourth Amendment to the U.S. Constitution—infringing the privacy rights of the companies , rather than the users.

Source: Companies’ Right to Privacy

Securities Fraud Claims Get Boost From EU Data Privacy Rules

Investors have filed 14 class actions since January 2018 against companies such as Alphabet Inc.’s Google and Facebook Inc., alleging that bad publicity around data breaches or security flaws, or changes in the data privacy landscape, caused their stock prices to drop, Bloomberg Law data show. Eleven of the lawsuits were filed after the EU’s General Data Protection Regulation (GDPR) took effect last May.

Source: Securities Fraud Claims Get Boost From EU Data Privacy Rules

Russia accuses social media giants of flouting data breach laws

The Russian communication watchdog, Roskomnadzor, has begun legal proceedings against Facebook and Twitter for an apparent breach of data laws.

A civil case has been levelled at the popular social media platforms for, Russia maintains, failing to give more details on how they can achieve compliance with the eastern country’s data laws.

Source: Russia accuses social media giants of flouting data breach laws

Irish DPA asks Supreme Court to uphold ruling in Facebook case

Facebook wants to alter High Court findings on issues concerning the validity of EU-US data transfer channels because it “doesn’t like them” and does not want them put before the Court of Justice European Union (CJEU), the Data Protection Commissioner has told the Supreme Court.

A core issue in Facebook’s appeal is whether there is any legal entitlement to appeal a referral to the CJEU.

Source: Facebook wants to alter findings because ‘it doesn’t like them’, court told

Dutch surgeon wins landmark ‘right to be forgotten’ case

A Dutch surgeon formally disciplined for her medical negligence has won a legal action to remove Google search results about her case in a landmark “right to be forgotten” ruling.

The doctor’s registration on the register of healthcare professionals was initially suspended by a disciplinary panel because of her postoperative care of a patient. After an appeal, this was changed to a conditional suspension under which she was allowed to continue to practise.

Google and the Dutch data privacy watchdog, Autoriteit Persoonsgegevens, initially rejected attempts to have the links removed on the basis that the doctor was still on probation and the information remained relevant.

Source: Dutch surgeon wins landmark ‘right to be forgotten’ case | Technology | The Guardian

Legal proceedings to start following EU citizens’ immigration data access controversy

EU citizens have to launch a legal case against a law which stops people from gaining access to immigration data held on them by the Home Office and other government organisations.

A campaign group named the3million has now been granted a judicial review against the government regarding an element of the Data Protection Act 2018; the group represents UK-based EU citizens as well as the Open Rights Group.

Source: Legal proceedings to start following EU citizens’ immigration data access controversy

US Supreme Court case may have far-reaching privacy implications

A case currently making its way through the Supreme Court’s docket may have far-reaching implications for the future of privacy litigation. The case, Frank v. Gaos , concerns cy pres class action settlements, and the core issue (for which the Court granted certiorari) regards the appropriateness of the cy pres arrangement in the case.

Full article: US Supreme Court case may have far-reaching privacy implications

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