fbpx

Download free GDPR compliance checklist!

Category Archives for "Court cases"

ACLU sues US government over its use of facial recognition at airports

The American Civil Liberties Union is suing the US government over its failure to reveal details about the use of facial recognition at airports.

ACLU and the New York Civil Liberties Union filed a lawsuit asking a federal court to order a range of federal agencies to hand over their records about the tech’s usage at airports.

The lawsuit centers on concerns that the government can use facial recognition to track our movements, and has refused to provide details about what it’s doing with the tech.

Source: ACLU sues US government over its use of facial recognition at airports

CJEU Considers the Use of CCTV and Legitimate Interests

With the use of CCTV on the rise, it has become increasingly important for controllers to find a framework in which the conflicting rights of those who are subject to such surveillance are balanced.

In its recent decision of TK v Asociaţia de Proprietari bloc M5A-ScaraAmonit, the CJEU considered whether the processing carried out by CCTV cameras was necessary and proportionate for the purposes of legitimate interests pursued by the controller. The CJEU re-emphasised that the legitimate interests condition requires processing to apply only so far as “strictly necessary”.

Source: CJEU Considers the Use of CCTV and Legitimate Interests

Advocate General delivers opinion on GDPR consent

On March 4, 2020, Advocate General Szpunar (“AG”) delivered his opinion in the case C-61/19 Orange România SA v Autoritatea Naţională de Supraveghere a Prelucrării Datelor cu Caracter Personal (ANSPDCP).

The AG concluded that a printed telecommunication contract stating that customers consent to the processing of a copy of their identification card does not meet the strict requirements for consent of the GDPR, even if the customers are orally informed that they can refuse their consent by writing this by hand on the contract.

Source: Advocate General delivers opinion on GDPR consent

Australian Watchdog launches action against Facebook

The Australian Information Commissioner has lodged proceedings against Facebook in the Federal Court, alleging the social media platform has committed serious and/or repeated interferences with privacy in contravention of Australian privacy law.

The Commissioner alleges that the personal information of Australian Facebook users was disclosed to the This is Your Digital Life app for a purpose other than the purpose for which the information was collected, in breach of the Privacy Act 1988.

Source: Commissioner launches Federal Court action against Facebook — OAIC

What Facebook’s $550M settlement teaches us about the future of facial recognition

In January, plaintiffs and Facebook reached the largest privacy settlement in U.S. history. Facebook agreed to settle for $550 million for violations of the Illinois Biometric Information Privacy Act.

This settlement will have far-reaching implications for all businesses using biometric identification techniques, such as facial recognition. California, Texas, Arkansas, New York and Washington all have some form of state law that regulates biometric privacy, and more states are working on legislation.

Full article: What Facebook’s $550M settlement teaches us about the future of facial recognition

New Mexico Sues Google Over Children’s Privacy Violations

New Mexico’s attorney general sued Google on Thursday, saying the tech giant used its educational products to spy on the state’s children and families.

Google collected a trove of students’ personal information, including data on their physical locations, websites they visited, YouTube videos they watched and their voice recordings, Hector Balderas, New Mexico’s attorney general, said in a federal lawsuit.

 

Source: New Mexico Sues Google Over Children’s Privacy Violations – The New York Times

Big Telecom Say It Has First Amendment Right to Sell Your Private Data

ISPs say that a law requiring users to opt-in to having their location and financial data sold is a ‘burdensome restriction’ on their ‘protected speech.’

But telecom experts say the industry’s grasping at straws as it attempts to dodge accountability for a decade rife with telecom related privacy abuses.

The lawsuit is part of a much broader effort by the industry to eliminate all meaningful state and federal consumer protections. The telecom sector has fought tooth and nail against the passage of federal privacy rules of any kind.

Source: Big Telecom Say It Has First Amendment Right to Sell Your Private Data – VICE

Police keeping drink-driver’s DNA breached his rights, Human Rights Court rules

UK police who indefinitely retained in their records the DNA profile of a man convicted of drink-driving breached his human rights, Strasbourg judges have ruled.

Gaughran had complained that the Police Service of Northern Ireland’s continued retention of his DNA profile (the digital record of his DNA sample), fingerprints and a photograph was a breach of his privacy.

Gaughran was arrested for drink-driving in 2008 and pleaded guilty at Newry magistrates court. He was disqualified from driving for a year.

The judges said Gaughran’s biometric data had been held without reference to the severity of his offence. The UK’s regulations failed to strike a fair balance between competing public and private interests, the ECHR concluded.

Source: Police keeping drink-driver’s DNA breached his rights, judges rule | UK news | The Guardian

Welfare surveillance system violates human rights, Dutch court rules 

A Dutch court has ordered the immediate halt of an automated surveillance system for detecting welfare fraud because it violates human rights, in a judgment likely to resonate well beyond the Netherlands.

The case was seen as an important legal challenge to the controversial but growing use by governments around the world of artificial intelligence (AI) and risk modelling in administering welfare benefits and other core services.

Source: Welfare surveillance system violates human rights, Dutch court rules | Technology | The Guardian

Clearview AI Slammed With New Lawsuit Over ‘Faceprint’

The start-up Clearview AI, which reportedly sells faceprint databases to police departments, is now facing a second potential class-action lawsuit.

Clearview violates a state law that gives people the right to control the commercial use of their names and images, a Virginia resident alleges in a complaint filed Monday.

Source: Clearview AI Slammed With New Lawsuit Over ‘Faceprint’ Sales 02/05/2020

>