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Category Archives for "Court cases"

Feds forcing mass fingerprint unlocks is an “abuse of power,” judge rules

According to a new ruling issued last week by a federal magistrate in Oakland, California, the government can’t get a warrant granting permission to turn up at a local house allegedly connected to a criminal suspect, seize all digital devices, and force anyone found at the house to use biometrics to try to unlock those devices.

Source: Feds forcing mass fingerprint unlocks is an “abuse of power,” judge rules | Ars Technica

Business fined after data subject access request failings

A business that failed to respond fully to a data subject access request and later ignored an enforcement notice served on it for doing so has been fined £15,000 for breaching UK data protection laws.

SCL Elections, better known as the business behind the now defunct data analytics company Cambridge Analytica, was prosecuted at Hendon Magistrates’ Court in London on Wednesday.

SCL Elections pleaded guilty, via its administrators, to breaching section 47(1) of the Data Protection Act (DPA) 1998 in a prosecution brought by the Information Commissioner’s Office (ICO). Under that section of the Act, a person who fails to comply with an enforcement notice, an information notice or a special information notice is guilty of an offence.

Full article: Business fined after data subject access request failings

Lawsuit against weather app sign of things to come?

Last week , the office of the Los Angeles City Attorney, Mike Feuer, filed a complaint against The Weather Channel Product and Technology, LLC (TWC) the company owned by IBM and behind the popular Weather Channel mobile application.

Feuer stated: “[W]e allege TWC elevates corporate profits over users’ privacy, misleading them into allowing their movements to be tracked, 24/7. We’re acting to stop this alleged deceit.”

Full article: Lawsuit against weather app sign of things to come?

EU court advised to limit scope of ‘right to be forgotten’

Search engines should not be forced to alter their search results for users outside of the EU when complying with ‘right to be forgotten’ requests made under EU data protection laws, a senior adviser to the EU’s highest court has said.

Full article: EU court advised to limit scope of ‘right to be forgotten’

‘Right to be forgotten’ by Google should apply only in EU, says court opinion

The “right to be forgotten”, which enables claimants to request the removal of links to irrelevant or outdated online information about them, should not be enforceable globally, the European court of justice (ECJ) has found in a preliminary opinion.

The controversial power, requiring search engines to prevent access to material on the internet, should be enforceable only in the EU and not worldwide, the court’s advocate general, Maciej Szpunar, said. Final judgments by the ECJ usually endorse initial opinions.

Full article: ‘Right to be forgotten’ by Google should apply only in EU, says court opinion | Technology | The Guardian

Cambridge Analytica’s parent pleads guilty to breaking UK data law

Cambridge Analytica’s parent company, SCL Elections, has been fined £15,000 in a UK court after pleading guilty to failing to comply with an enforcement notice issued by the national data protection watchdog, the Guardian reports.

While the fine itself is a small and rather symbolic one, given the disgraced political analytics firm went into administration last year, the implications of the prosecution are more sizeable.

Full article: Cambridge Analytica’s parent pleads guilty to breaking UK data law

Court tosses lawsuit over Google Photos’ facial recognition

A Chicago judge has granted Google a motion dismissing a lawsuit accusing the company of violating Illinois’ Biometric Information Privacy Act by gathering biometric data from photos without permission. The plaintiffs couldn’t demonstrate that they’d suffered “concrete injuries” from the facial recognition system, according to the judge.

Full article: Court tosses lawsuit over Google Photos’ facial recognition

Bulk surveillance is always bad, say human rights groups

A band of human rights organisations have appealed against a top European court’s ruling on bulk surveillance, arguing that any form of mass spying breaches rights to privacy and free expression.

The group, which includes Liberty, Privacy International and the American Civil Liberties Union, has taken issue with parts of a September judgment from the European Court of Human Rights.

Full article: Bulk surveillance is always bad, say human rights orgs appealing against top Euro court • The Register

Facebook Sued by District of Columbia Over Cambridge Analytica

The attorney general of the District of Columbia, Karl Racine, sued Facebook on Wednesday for allowing the political consulting firm Cambridge Analytica to harvest the private data of tens of millions of the social network’s users.

It was a first step by a state attorney general to punish Facebook for privacy violations. “Facebook failed to protect the privacy of its users and deceived them about who had access to their data and how it was used,” Mr. Racine said in a statement.

Full article: Facebook Sued by District of Columbia Over Cambridge Analytica – The New York Times

Irish Court Finds Data Retention Law Violates Human Rights

The Irish High Court has ruled that Ireland’s retention of telephone data violates European Law and the European Convention on Human Rights. The Communications Act, which requires all service providers to retain data for two years, is “general and indiscriminate.”

The Court also found insufficient safeguards for access to data, noting that the law did not require prior judicial and had few guarantees against abuse. The Court will now issue a final order to determine how the case will proceed.

Full article: Irish Court Finds Data Retention Law Violates Human Rights

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