fbpx

Free tools and resources for Data Protection Officers!

Category Archives for "Court cases"

Bărbulescu ruling: Workplace privacy is alive and kicking

On Sept. 5, the European Court of Human Rights handed down a landmark judgement about privacy and monitoring at the workplace. The court referred to a case of a Romanian citizen named Bogdan Mihai Bărbulescu who was fired 10 years ago for using a work messaging account to communicate for private purposes and was convicted of doing so through the monitoring of his communications. In a judgment of Dec. 7, 2007, the County Court rejected Bărbulescu’s application and confirmed that his dismissal had been lawful. Bărbulescu appealed to the Bucharest Court of Appeal and repeated his previous arguments and contended in addition that the court had not struck a fair balance between the interests at stake, unjustly prioritizing the employer’s interests.

Source: Bărbulescu ruling: Workplace privacy is alive and kicking

Key New Takeaways from Uber’s Privacy and Data Security Settlement with the FTC

On August 15, 2017, the Federal Trade Commission (FTC) announced that it had reached an agreement with Uber Technologies to settle allegations that the ride-sharing company had deceived consumers by failing to live up to its privacy and data security promises. 1 Specifically, the FTC levied two deception counts against Uber: (1) that the company had failed to consistently monitor and audit internal access to consumers’ personal information, despite public promises to do so; and (2) that the company had failed to provide reasonable security for consumers’ personal information stored in its databases, despite its security promises.

Source: Key New Takeaways from Uber’s Privacy and Data Security Settlement with the FTC

Lack of Injury Dooms Scottrade Data Breach Class Suit Appeal

US federal appeals court rejected class action over a 2013 data breach at that affected more than 4.6 million securities discount brokerage’s Scottrade Inc. customers on grounds that plaintiffs didn’t demonstrate they had suffered actual damages.

Source: Lack of Injury Dooms Scottrade Data Breach Class Suit Appeal | Bloomberg BNA

Court attributes Google’s privacy violations to ‘browser architecture’

31 August 2017 The United States Court of Appeals for the Ninth Circuit (‘the Court of Appeals’) issued, on 22 August 2017, its ruling in Paloma Gaos et. al. v. Google, Inc., in which it held that the District Court for the Northern District of California had not abused its discretion by approving a class action settlement brought by users of the search engine, on grounds that Google had violated their privacy by disclosing their search terms to third parties.

Source: USA: Court of Appeals attributes Google’s privacy violations to ‘browser architecture’

Supreme Court judgement marks “the end of the beginning” for privacy in India

31 August 2017 The Supreme Court of India (‘the Court’) issued, on 24 August 2017, its ruling in Justice K S Puttaswamy and Anr. v. Union of India and Ors. (Writ Petition (Civil) No. 494 of 2012) (‘the Case’), in which a bench of nine judges unanimously held that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution of India.

Source: India: Supreme Court judgement marks “the end of the beginning” for privacy in India

New Case Law on Restrictions for Employee Monitoring in the Workplace in Germany

According to the German Federal Labor Court, Germany’s highest court for employment disputes, German employers are not allowed to monitor employees in the workplace without a concrete suspicion of a criminal violation or, in some cases, a serious breach of duty. This means that employer monitoring of an employee’s computer usage without a concrete suspicion, including the use of keylogging software that records all keyboard entries made at a desktop computer does not comply with German data privacy laws. Courts may exclude evidence obtained under violation of German data privacy laws from their proceedings.

Source: New Case Law on Restrictions for Employee Monitoring in the Workplace in Germany | HL Chronicle of Data Protection

>