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Category Archives for "Court cases"

French court issues decision on legality of Privacy Rules and Terms of Use under data protection and consumer law

Five years after the commencement of legal proceedings against Google by leading French consumer association UFC Que Choisir, the Paris “Tribunal de Grande Instance” (TGI), in a decision dated 12 February 2019, issued its ruling on the legality of the Google+ Terms of Use and Privacy Rules, both with respect to consumer law and personal data protection regulations.

Full article: French court issues decision on legality of Privacy Rules and Terms of Use under data protection and consumer law

Austrian judge rules Max Schrems can take civil action against Facebook

Max Schrems, one of Europe’s most high-profile privacy lawyers, has overcome a major hurdle in his four-year-long legal battle against Facebook.

On Monday (25 March) the Vienna Higher Regional Court overturned a previous ruling in Facebook’s favour, paving the way for Schrems to take civil action against the firm.

The landmark decision means that complaints made under Article 79 of Europe’s General Data Protection Regulation can be reviewed by judges, as well as data protection authorities.

Source: Austrian judge rules Max Schrems can take civil action against Facebook – NS Tech

Belgium regulator fights Facebook over user tracking

A court in Belgium has instructed Facebook to put a halt to tracking users without obtaining the proper consents.

The social network has also been told to erase all information it has gathered on individuals who do not have Facebook accounts, after the Brussels Court of First Instance deemed that the company had harvested data illegally.

Source: Belgium regulator fights Facebook over user tracking

Facebook to Fight Belgian Ban on Tracking

Facebook is attacking a Belgian court order forcing it to stop tracking local users’ surfing habits, including those of millions who aren’t signed up to the social network.

The U.S. tech giant will come face to face with the Belgian data protection authority in a Brussels appeals court for a two-day hearing starting on Wednesday. The company will challenge the 2018 court order and the threat of a daily fine of 250,000 euros ($281,625) should it fail to comply.

Source: Facebook Attack of Belgian Case on Web Tracking Gets Hearing – Bloomberg

Birmingham Court fines pair over data breaches

The Information Commissioner’s Office (ICO) has warned that employees could face criminal charges if they access or share personal data without a valid reason.

The warning came after a Birmingham Magistrates’ Court fined two workers in separate cases for breaching data protection laws in 2017. Both individuals pleaded guilty to violations under the same sections of the Data Protection Act 1998.

Source: Birmingham Court fines pair over data breaches | IT PRO

Uber faces fresh legal challenge over driver data

Uber drivers in the U.K. are filing a lawsuit against the company over allegations the firm has continuously broken European data protection laws.

Four drivers are taking legal action against the ride-hailing giant, claiming the company is “failing to honour its obligations” under the EU’s General Data Protection Regulation (GDPR) legislation.

Source: Uber faces fresh legal challenge over driver data

German court ruled that protection of the whistle-blower confidentiality does not generally override the data subject access right

A mid-level German employment court recently had to consider the scope of subject access requests under the EU General Data Protection Regulation (GDPR) in the context of compliance and whistle-blowing regimes.

The Regional Labour Court ( Landesarbeitsgericht ) of Stuttgart decided that an employer was required not only to provide an employee with the records containing performance and behavioural data, but also to disclose information regarding internal investigations.

Source: German court ruled that protection of the whistle-blower confidentiality does not generally override the data subject access right

EU Advocate General Issues Opinion on Consent for Cookies and Intersection with the GDPR

On March 21, 2019, Advocate General Szpunar released his opinion in the Planet49 case, currently pending before the Court of Justice of the European Union (CJEU). The case centers on the use of consent for the processing of personal data and consent for the use of cookies.

In the Advocate General’s view, the pre-ticked box for cookies does not provide a valid active consent under the GDPR nor under the ePrivacy Directive. Moreover, he considers that the ePrivacy Directive’s consent requirement for cookies applies irrespective of whether the collected data qualify as personal data.

Source: EU Advocate General Issues Opinion on Consent for Cookies and Intersection with the GDPR

European Court of Human Rights to Reexamine Bulk Collection

On February 5, the European Court of Human Rights (ECtHR) announced that the Grand Chamber will reexamine two cases concerning bulk interception: the joined petitions of Big Brother Watch and Others v. United Kingdom, Bureau of Investigative Journalism and Alice Ross v. the United Kingdom, and 10 Human Rights Organisations v. the United Kingdom (collectively called “Big Brother Watch”), and Centrum för rättvisa v. Sweden (“Centrum”).

Source: European Court of Human Rights to Reexamine Bulk Collection

Berlin court rules against Apple data protection guidelines

The Court of Appeal in Berlin has ruled that the data protection guidelines used by Apple in 2011 were partially inadequate. The ruling came in a lawsuit filed by the Federation of German Consumer Organizations (VZBV) against Apple Sales International, which operated the online Apple Store in Germany until 2012.

Source: Berlin court rules against Apple data protection guidelines – Telecompaper

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