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Category Archives for "Court cases"

Europe’s top court confirms no mass surveillance without limits

Europe’s top court has delivered another slap-down to indiscriminate government mass surveillance regimes.

In a ruling the CJEU has made it clear that national security concerns do not exclude EU Member States from the need to comply with general principles of EU law such as proportionality and respect for fundamental rights to privacy, data protection and freedom of expression.

However the court has also allowed for derogations, saying that a pressing national security threat can justify limited and temporary bulk data collection and retention — capped to ‘what is strictly necessary’.

Source: Europe’s top court confirms no mass surveillance without limits | TechCrunch

Belgian DPA asks EU court for permission to take regulatory action against Facebook

The Belgian Data Protection Authority (DPA) is appearing at the Court of Justice of the European Union (CJEU) in Luxemburg in a bid to gain regulatory action against Facebook.

The Belgian privacy watchdog is seeking agreement from the court that the local DPA has the regulatory authority under GDPR to rule on violations against Facebook users in Belgium.

Source: Belgian DPA asks EU court for permission to take regulatory action against Facebook

Companies face greater risk as GDPR class actions emerge

In the past month three of the world’s largest tech firms have been hit with legal actions that could lead to billion-dollar damages suits for alleged violations of the GDPR.

Unusual for Europe, the complaints are led by a consumer rights group and a U.K. citizen rather than regulators. If the complainants win their cases, the companies involved could face eye-watering damages awards

Moreover, on June 22, EU institutions agreed on a new directive that will grant consumers in the bloc the right to sue collectively in cases of mass harm, ranging from air and passenger rights and financial services to tourism, energy, and telecommunications.

Source: Companies face greater risk as GDPR class actions emerge | Article | Compliance Week

Twitter Sued Over ‘Inadvertent’ Use Of Phone Numbers For Advertising

Twitter has been hit with a lawsuit for allegedly drawing on users’ phone numbers to serve them with targeted ads.

Complaintant claims Twitter violated a Washington state law regarding the unlawful procurement of telephone numbers. Complaint comes almost one year after Twitter said it “inadvertently” allowed marketers to target people based on phone numbers and emails collected for security purposes.

Source: Twitter Sued Over ‘Inadvertent’ Use Of Phone Numbers For Advertising 09/23/2020

Instagram Sued For Privacy Violations Over Unauthorized Camera Access

On Thursday in the Northern District of California, Brittany Conditi filed a class-action complaint against Instagram and its parent company Facebook for invasion of privacy alleging that Instagram accessed users’ smartphone cameras when not using features that would require camera access, despite the defendants’ representations to the contrary.

According to the complaint, Instagram “has access to a user’s smartphone camera for the limited purpose of allowing users to directly take a photograph or video and then post that content to its platform.” Furthermore, Instagram “claims to only access users’ smartphone cameras with user permission, such as when a user is interacting with the Instagram application’s…camera feature.” According to the complaint, Instagram stated it does not access a user’s camera when the camera feature is not in use. However, the plaintiff proffered that Instagram “does more than it claims.”

Source: Instagram Sued For Privacy Violations Over Unauthorized Camera Access – Tech

YouTube faces legal battle over British children’s privacy

Google, YouTube’s parent company, is facing a landmark claim over the use of children’s data in the UK.

A claim lodged with the High Court against parent company Google accuses the firm of collecting children’s data without parental consent. Privacy expert Duncan McCann, who is bringing the action, argues this is a breach of UK and European (EU) law.

He told the BBC that the class action is the first in Europe brought against a technology firm on behalf of children. He says that estimated damages of more than £2bn are being sought for about five million British children as well as their parents or guardians.

Source: YouTube faces legal battle over British children’s privacy – BBC News

Facebook suffers blow in Australia legal fight over Cambridge Analytica

Tech giant fails to convince court it doesn’t carry out business in Australia as privacy regulator accuses Facebook of breaches.

The Australian privacy regulator’s case accuses Facebook of serious and repeated breaches of privacy law, saying its actions left the data of about 311,127 Australian Facebook users exposed to being sold and “used for purposes including political profiling, well outside users’ expectations”.

Source: Facebook suffers blow in Australia legal fight over Cambridge Analytica | Technology | The Guardian

Facebook appealing order by Ireland’s privacy regulator that could halt EU-US data transfers

Facebook is appealing a preliminary order from the Irish Data Protection Commission (IDPC) that the social media company says would require it to stop data transfers between the US and the European Union.

The IDPC sent a preliminary order to Facebook last month directing the company to suspend data transfers to the US about EU users. The order is the first attempt by an EU regulator to enforce a ruling by the EU’s Court of Justice, which invalidated Privacy Shield, a data-sharing protocol that allowed American companies to transfer personal information about EU citizens to the US for processing.

Source: Facebook appealing order by Ireland’s privacy regulator that could halt EU-US data transfers – The Verge

NSA Mass Surveillance Program Illegal, U.S. Court Rules

The NSA argued its mass surveillance program stopped terrorist attacks – but a new U.S. court ruling found that this is not, and may have even been unconstitutional.

A U.S. federal appeals court ruled that the controversial National Security Agency (NSA) mass surveillance program exposed in 2013 was illegal – and may have even been unconstitutional.

Source: NSA Mass Surveillance Program Illegal, U.S. Court Rules | Threatpost

ECHR dismisses Privacy International case on UK state hacking

The European Court of Human Rights (ECHR) dismissed the claim Privacy International and coalition of internet and communications service providers and campaign groups for failure to pursue all domestic remedies.

Coalition in ECHR challenged the conduct of hacking operations abroad by one of the UK’s intelligence agencies, the Government Communications Headquarters (GCHQ), and originated in the Investigatory Powers Tribunal (IPT), which hears claims against the UK intelligence agencies.

Source: PI’s statement on the ECtHR decision in Privacy International v. UK | Privacy International

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