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Category Archives for "Court cases"

Birmingham Court fines pair over data breaches

The Information Commissioner’s Office (ICO) has warned that employees could face criminal charges if they access or share personal data without a valid reason.

The warning came after a Birmingham Magistrates’ Court fined two workers in separate cases for breaching data protection laws in 2017. Both individuals pleaded guilty to violations under the same sections of the Data Protection Act 1998.

Source: Birmingham Court fines pair over data breaches | IT PRO

Uber faces fresh legal challenge over driver data

Uber drivers in the U.K. are filing a lawsuit against the company over allegations the firm has continuously broken European data protection laws.

Four drivers are taking legal action against the ride-hailing giant, claiming the company is “failing to honour its obligations” under the EU’s General Data Protection Regulation (GDPR) legislation.

Source: Uber faces fresh legal challenge over driver data

German court ruled that protection of the whistle-blower confidentiality does not generally override the data subject access right

A mid-level German employment court recently had to consider the scope of subject access requests under the EU General Data Protection Regulation (GDPR) in the context of compliance and whistle-blowing regimes.

The Regional Labour Court ( Landesarbeitsgericht ) of Stuttgart decided that an employer was required not only to provide an employee with the records containing performance and behavioural data, but also to disclose information regarding internal investigations.

Source: German court ruled that protection of the whistle-blower confidentiality does not generally override the data subject access right

EU Advocate General Issues Opinion on Consent for Cookies and Intersection with the GDPR

On March 21, 2019, Advocate General Szpunar released his opinion in the Planet49 case, currently pending before the Court of Justice of the European Union (CJEU). The case centers on the use of consent for the processing of personal data and consent for the use of cookies.

In the Advocate General’s view, the pre-ticked box for cookies does not provide a valid active consent under the GDPR nor under the ePrivacy Directive. Moreover, he considers that the ePrivacy Directive’s consent requirement for cookies applies irrespective of whether the collected data qualify as personal data.

Source: EU Advocate General Issues Opinion on Consent for Cookies and Intersection with the GDPR

European Court of Human Rights to Reexamine Bulk Collection

On February 5, the European Court of Human Rights (ECtHR) announced that the Grand Chamber will reexamine two cases concerning bulk interception: the joined petitions of Big Brother Watch and Others v. United Kingdom, Bureau of Investigative Journalism and Alice Ross v. the United Kingdom, and 10 Human Rights Organisations v. the United Kingdom (collectively called “Big Brother Watch”), and Centrum för rättvisa v. Sweden (“Centrum”).

Source: European Court of Human Rights to Reexamine Bulk Collection

Berlin court rules against Apple data protection guidelines

The Court of Appeal in Berlin has ruled that the data protection guidelines used by Apple in 2011 were partially inadequate. The ruling came in a lawsuit filed by the Federation of German Consumer Organizations (VZBV) against Apple Sales International, which operated the online Apple Store in Germany until 2012.

Source: Berlin court rules against Apple data protection guidelines – Telecompaper

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?

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