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Category Archives for "Court cases"

CJEU to clarify scope of copyright infringement data requests

The EU’s highest court has been asked to clarify what information copyright holders have a legal right to obtain from online platforms and intermediaries about internet users who are allegedly responsible for infringing their rights.

Source: CJEU to clarify scope of copyright infringement data requests

GDPR fines ‘likely to end up before Europe’s highest court’

Fines levied on multinationals and other organisations under the General Data Protection Regulation (GDPR) are likely to end up before Europe’s highest court as they seek to resolve “ambiguities” in the law, Google’s chief privacy officer has indicated.

“We fully expect that there will be ongoing engagement with regulators and, in some instances, there will be issues that are taken to court, probably all the way up to the highest court in Europe to resolve these latent ambiguities within the GDPR as the law evolves.”

Source: GDPR fines ‘likely to end up before Europe’s highest court’

Tate Modern wins privacy case brought by neighbours

One of Tate Modern’s most popular areas, a top-floor terrace that offers spectacular 360-degree views of London, is to remain fully open after neighbours lost a privacy case.

Judge in the case ruled that residents had created their own sensitivity by buying flats with floor to ceiling windows in the first place. He said the flats were “impressive” but the advantages of extensive glassed views “in effect comes at a price in terms of privacy”.

Source: Tate Modern wins privacy case brought by owners of £4m flats | Art and design | The Guardian

European Court confirms journalism exception for citizen-journalists, but not in France?

Under European data protection law, journalists enjoy some regulatory exemptions when processing personal data for journalistic purposes, balancing the right to the protection of personal data with the principle of freedom of expression.

A question which has however sparked some debate is whether so-called citizen journalists, such as bloggers, can rely on the derogation for journalistic purposes as well. In its judgment of 14 February 2019 in the Sergejs Buivids v. Datu valsts inspekcija case, the Court of Justice of the European Union (CJEU) has answered this question affirmatively.

Source: EU: European Court confirms journalism exception for citizen-journalists, but not in France?

Alphabet.inc sued for Google data breach and alleged sexual misconduct

Google are up against a “credible basis” for suspicious mismanagement at Google parent firm, Alphabet, following a lawsuit filed in Delaware last week.

Investigations into Alphabet have reached Chancery Court in the eastern US state of Delaware, regarding official documents linked to the way the firm dealt with allegations of sexual misconduct that were made against some of Google’s C-suite members.

Source: Alphabet.inc sued for Google data breach and alleged sexual misconduct

Companies’ Right to Privacy

On January 3, 2019, the federal trial court in Manhattan issued a preliminary injunction, temporarily halting a new local law aimed at required disclosures by home-sharing platforms, such as Airbnb and HomeAway, to the city.

The court granted the preliminary injunction on the basis that the city’s broad requirement that the services turn over detailed customer information on a monthly basis likely violated the Fourth Amendment to the U.S. Constitution—infringing the privacy rights of the companies , rather than the users.

Source: Companies’ Right to Privacy

Securities Fraud Claims Get Boost From EU Data Privacy Rules

Investors have filed 14 class actions since January 2018 against companies such as Alphabet Inc.’s Google and Facebook Inc., alleging that bad publicity around data breaches or security flaws, or changes in the data privacy landscape, caused their stock prices to drop, Bloomberg Law data show. Eleven of the lawsuits were filed after the EU’s General Data Protection Regulation (GDPR) took effect last May.

Source: Securities Fraud Claims Get Boost From EU Data Privacy Rules

Russia accuses social media giants of flouting data breach laws

The Russian communication watchdog, Roskomnadzor, has begun legal proceedings against Facebook and Twitter for an apparent breach of data laws.

A civil case has been levelled at the popular social media platforms for, Russia maintains, failing to give more details on how they can achieve compliance with the eastern country’s data laws.

Source: Russia accuses social media giants of flouting data breach laws

Irish DPA asks Supreme Court to uphold ruling in Facebook case

Facebook wants to alter High Court findings on issues concerning the validity of EU-US data transfer channels because it “doesn’t like them” and does not want them put before the Court of Justice European Union (CJEU), the Data Protection Commissioner has told the Supreme Court.

A core issue in Facebook’s appeal is whether there is any legal entitlement to appeal a referral to the CJEU.

Source: Facebook wants to alter findings because ‘it doesn’t like them’, court told

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