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Category Archives for "Court cases"

Prince Harry beat paparazzi using GDPR

Prince Harry won a legal dispute with Splash News, a photo agency which used a helicopter to take pictures inside his home.

It is worth noting that legal dispute did not involve a trial, so the issues were never argued in court. Although Splash apologized to Harry in the court statement, it did not admit specific wrongdoing, and could have argued that it did not in fact breach GDPR. It chose to settle instead.

Source: Prince Harry beat paparazzi using GDPR law, new royal weapon vs. media – Business Insider

New Spanish Data Protection Act partly nullified by the Constitutional Court

On 22 May 2019 it was disclosed that the Spanish Constitutional Court had decided to nullify indent 2 of the final provision 3 of the new Spanish Data Protection Act, less than six months after becoming effective.

At the same time, article 58 bis of the General Electoral Act, created by the former, is also nullified.

Source: SPAIN: New Data Protection Act (partly) nullified by the Constitutional Court

Brussels Court of Appeal refers Facebook case to CJEU

Belgian Data Protection Authority (DPA) announced, on 8 May 2019, that the Brussels Court of Appeal issued its judgment in relation to the DPA’s proceedings against Facebook, Inc., following the pleading of the parties to the Court on 27 and 28 March 2019.

DPA highlighted that the Court did not rule on the merits of the case and decided to refer it to the Court of Justice of the European Union (CJEU) to be assessed in line with the General Data Protection Regulation (GDPR) seeking to ensure that the DPA can pursue the case against Facebook.

Source: Belgium: Brussels Court of Appeal refers Facebook case to CJEU

Canada’s Federal Court sidesteps constitutional questions in Google ‘right to be forgotten’ case

Google LLC was handed a setback this month in a case over the so-called “right to be forgotten” when Canada’s Federal Court adjudicator ruled that it won’t delve into the thorny constitutional questions wrapped up in the matter.

Instead, the Federal Court will judge two specific points related to Canada’s privacy law, in a reference case brought forward by federal privacy commissioner Daniel Therrien.

The right to be forgotten does not currently exist in Canada as it does in Europe, where people can contact search engines and request that links be removed from search results related to a person’s name, if they feel that the information is “inadequate, irrelevant, or no longer relevant.”

Source: Federal Court sidesteps constitutional questions — for now — in Google ‘right to be forgotten’ case | Financial Post

Ireland’s Supreme Court to rule on Facebook data transfer appeal

The Supreme Court will rule by June 6th on Facebook’s appeal over a High Court decision to refer key issues concerning the validity of European Commission decisions approving European Union-United States data transfer channels to the European Court of Justice (CJEU).

The referral was made by the High Court in proceedings by the Data Protection Commissioner arising from complaints by Austrian lawyer Max Schrems that the transfer of his personal data by Facebook to the US breached his data privacy rights as an EU citizen.

Source: Supreme Court to rule on Facebook data transfer appeal

Facebook Custom Audience illegal without explicit user consent, Bavarian Data Protection Authority rules

Online shops and marketers routinely share customer data with Facebook to reach them with targeted advertising.

Turns out: in many cases this is illegal. A ground-breaking decision by a German Data Protection Authority recently ruled that matching customers’ email addresses with their Facebook accounts requires their explicit consent.

Source: Facebook Custom Audience illegal without explicit user consent, Bavarian Data Protection Authority rules – netzpolitik.org

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

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