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Category Archives for "Court cases"

Dutch surgeon wins landmark ‘right to be forgotten’ case

A Dutch surgeon formally disciplined for her medical negligence has won a legal action to remove Google search results about her case in a landmark “right to be forgotten” ruling.

The doctor’s registration on the register of healthcare professionals was initially suspended by a disciplinary panel because of her postoperative care of a patient. After an appeal, this was changed to a conditional suspension under which she was allowed to continue to practise.

Google and the Dutch data privacy watchdog, Autoriteit Persoonsgegevens, initially rejected attempts to have the links removed on the basis that the doctor was still on probation and the information remained relevant.

Source: Dutch surgeon wins landmark ‘right to be forgotten’ case | Technology | The Guardian

Legal proceedings to start following EU citizens’ immigration data access controversy

EU citizens have to launch a legal case against a law which stops people from gaining access to immigration data held on them by the Home Office and other government organisations.

A campaign group named the3million has now been granted a judicial review against the government regarding an element of the Data Protection Act 2018; the group represents UK-based EU citizens as well as the Open Rights Group.

Source: Legal proceedings to start following EU citizens’ immigration data access controversy

US Supreme Court case may have far-reaching privacy implications

A case currently making its way through the Supreme Court’s docket may have far-reaching implications for the future of privacy litigation. The case, Frank v. Gaos , concerns cy pres class action settlements, and the core issue (for which the Court granted certiorari) regards the appropriateness of the cy pres arrangement in the case.

Full article: US Supreme Court case may have far-reaching privacy implications

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

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