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Category Archives for "Court cases"

Google wins landmark right to be forgotten case

Europe’s top court has ruled that Google does not have to apply the right to be forgotten globally.

It means that firm only needs to remove references to articles and other material from its search results in Europe – and not elsewhere – after receiving an appropriate request.

The ruling stems from a dispute between Google and a French privacy regulator.

Source: Google wins landmark right to be forgotten case

Police in North Rhine-Westphalia can no longer publish photos of protests

The judge says it could discourage protesters from joining in and thus infringe on the fundamental right to assembly. The higher administrative court in Münster announced the decision on Tuesday.

Sharing photos of demonstrations on police media channels could infringe on the right of assembly guaranteed by German law, because it could affect protesters’ behavior and make them shy or scared to participate.

The ruling asked a federal court to review the decision, yet to be considered on a national level.

The ruling does not apply to photographs, audio, and video taken in cases of violence and for police records or investigations. The police can still use stock photos and text on their media channels.

Source: Police in North Rhine-Westphalia can no longer publish photos of protests, a court rules | News | DW | 17.09.2019

Judge lets Facebook privacy class action proceed

A federal judge on Monday ordered Facebook to face most of a nationwide lawsuit seeking damages for letting third parties such as Cambridge Analytica access users’ private data, calling the social media company’s views on privacy “so wrong.”

While dismissing some claims, U.S. District Judge Vince Chhabria in San Francisco said users could try to hold Facebook liable under various federal and state laws for letting app developers and business partners harvest their personal data without their consent on a “widespread” basis.

Source: Judge lets Facebook privacy class action proceed, calls company’s views ‘so wrong’ – Reuters

Startup HiQ Labs may collect data from people’s LinkedIn profiles, court rules

Company called HiQ Labs wins court OK to scrape profiles on LinkedIn for data about people’s lives and connections.

LinkedIn invoked a federal anti-hacking law in telling HiQ to stop. It also installed technical blocks to prevent HiQ from accessing otherwise publicly available information on LinkedIn users. A 2017 ruling ordered LinkedIn to stop blocking the startup. LinkedIn appealed, but lost.

Source: Startup HiQ Labs may collect data from people’s LinkedIn profiles, court rules – CBS News

Top European Court to Review National Data Retention Laws

The Court of Justice for the European Union will hear challenges to the data retention laws of the UK, Belgium, and France.

The Court previously invalidated European and national data retention laws that required companies to retain communications data for law enforcement purposes. The new challenges, brought by civil society organizations, contend that European national laws fail to comply with the earlier rulings.

Source: Top European Court to Review National Data Retention Laws

German court decides that GDPR consent can be tied to receiving advertising

On June 27, 2019, the High Court of Frankfurt decided that a consent for data processing tied to a consent for receiving advertising can be considered as freely given under the GDPR.

The claimant’s consent had been obtained in connection with his participation in a sweepstakes contest. The court decided that bundling consent for advertising with the participation in a sweepstakes contest does not prevent it from being “freely given”. According to the court, “freely given” consent is a consent that is given without “coercion” or “pressure”.

Source: Participation in a raffle of consent to future e-mail advertising

Spanish court determines that energy consumption data is personal data

Spain’s Supreme Court has ruled that energy consumption data is protected by the Law on Data Protection as they are data on consumer’s behavior habits such as the hours in which the light is used, the rooms in which it is used or the appliances that are plugged in.

Source: El Tribunal Supremo determina que los datos de consumo energético doméstico son datos personales

CJEU to answer questions about Right to be delisted

French court the Conseil d’Etat has requested the European Court of Justice for a preliminary ruling on a series of questions concerning the implementation of the right to be delisted from search results.

The right to be delisted is not absolute. Insofar as the removal of links from the list of results displayed following a search made on the basis of a person’s name may have consequences on the legitimate interest of internet users to receive access to information, the European Court of Justice proceeds to strike a balance between such interest and the person’s fundamental rights, in particular the right to private life and to the protection of personal data.

Source: Right to be delisted

German court ruling: no claims for damages for minor GDPR violations

In its recent decision of 11 June 2019, the Dresden Court of Appeals had to decide on claims for damages under Article 82 GDPR with regard to minor violations of the GDPR.

The Court of Appeals ruled that Article 82 (1) GDPR should not be interpreted in a manner that claims for damages are already triggered where the person affected only subjectively perceives inconvenience without suffering any serious impairment of their self-image or reputation. Otherwise, unconditional claims for damages would be created.

Source: German court ruling: no claims for damages under Article 82 GDPR for minor GDPR violations | Technology Law Dispatch

Facebook succeeds in blocking German FCO’s order against combining user data

Facebook has succeeded in blocking the order by Germany’s Federal Cartel Office earlier this year that would have banned it from combining data on users across its own suite of social platforms — Facebook, Instagram and WhatsApp — without their consent.

Facebook appealed, delaying application of the order, and ruling by the Dusseldorf court grants a suspension. The FCO has a month to lodge an appeal.

Source: Facebook succeeds in blocking German FCO’s privacy-minded order against combining user data | TechCrunch

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