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Category Archives for "Court cases"

French lawsuit accuses Google of violating EU privacy rules

A leading French consumer group has filed a class-action lawsuit accusing Google of violating the European Union’s landmark 2018 privacy rules.

In its filing Wednesday, the UFC Que Choisir group is seeking 1,000 euros in damages for each one of the 200 Google users involved so far. It’s among the first cases challenging tech giants over their application of the EU’s new rules, known as the General Data Protection Regulation or GDPR.

Source: French lawsuit accuses Google of violating EU privacy rules | WWMT

Privacy Shield and Standard Contractual Clauses will be assessed by European Courts

On the first and second of the July, the General Court of the European Union (which is part of the Court of Justice of the European Union (CJEU)) will hear a case against the EU-U.S. Privacy Shield brought by three French NGOs, La Quadrature du Net, French Data Network and Fédération FDN.

A week later, on 9 July, the CJEU will hear arguments in Schrems II, in which the Irish High Court has referred 11 questions relating to whether the European Commission’s Standard Contractual Clauses (SCCs) provide an adequate level of protection for personal data which is transferred to the US.

Judgments in these cases are expected towards the end of 2019 or beginning of 2020. there is high probability that either or both the Privacy Shield and SCCs will be invalidated as a mechanism for transferring personal data outside the EU, in a similar manner to the invalidation of Safe Harbor in 2015.

Source: Transfers on Trial: Privacy Shield and Standard Contractual Clauses go before the European Courts

Austrian Supreme Court Says GDPR Lawsuits Can Be Filed Throughout EU

The Austrian Supreme Court has ruled that complaints concerning the EU General Data Protection Regulation (GDPR) can be brought anywhere in the EU.

The decision overturned a ruling by a lower Austrian court which held that a privacy lawsuit against Facebook had to be brought in Ireland, where the company is headquartered.

Source: Austrian Supreme Court: GDPR Lawsuits Can Be Filed Throughout EU

Civil liberties group challenges ‘Bulk hacking’ by UK spy agencies

“Bulk hacking” powers exploited by the intelligence services to access electronic devices represent an illegal intrusion into the private lives of millions of people, the high court has been told.

In its latest challenge to the 2016 Investigatory Powers Act (IPA), the civil rights organisation Liberty has argued that government surveillance practices breach human rights law.

Source: ‘Bulk hacking’ by UK spy agencies is illegal, high court told

Privacy Shield complaint to be heard by Europe’s top court in July

A legal challenge to the EU-US Privacy Shield, a mechanism used by thousands of companies to authorize data transfers from the European Union to the US, will be heard by Europe’s top court this summer.

The General Court of the EU has set a date of July 1 and 2 to hear the complaint brought by French digital rights group, La Quadrature du Net, against the European Commission’s renegotiated data transfer agreement which argues the arrangement is still incompatible with EU law on account of US government mass surveillance practices.

Source: EU-US Privacy Shield complaint to be heard by Europe’s top court in July

Facebook ordered by U.S. judge to turn over data privacy records

A U.S. judge ordered Facebook Inc to give shareholders emails and other records concerning how the social media company handles data privacy, after data for 87 million users was accessed by the British political consulting firm Cambridge Analytica.

Shareholders sued Facebook last September to obtain records related to Cambridge Analytica and other breaches, and said that upon finding wrongdoing, they might sue company officers and directors through a so-called derivative lawsuit.

Source: Facebook ordered by U.S. judge to turn over data privacy records – Reuters

Supreme Court dismisses Facebook appeal over transfer of user personal data to the US

Ireland’s Supreme Court has dismissed Facebook’s appeal over a High Court decision to refer key issues concerning the validity of European Commission decisions approving EU-US data transfer channels to the Court of Justice of the EU.

The referral was made by the High Court in proceedings by the Data Protection Commissioner (DPC) arising from complaints by Austrian lawyer Max Schrems the transfer of his personal data by Facebook to the US breached his data privacy rights as an EU citizen.

Source: Supreme Court dismisses Facebook appeal over transfer of user personal data to the US – Independent.ie

Prince Harry beat paparazzi using GDPR

Prince Harry won a legal dispute with Splash News, a photo agency which used a helicopter to take pictures inside his home.

It is worth noting that legal dispute did not involve a trial, so the issues were never argued in court. Although Splash apologized to Harry in the court statement, it did not admit specific wrongdoing, and could have argued that it did not in fact breach GDPR. It chose to settle instead.

Source: Prince Harry beat paparazzi using GDPR law, new royal weapon vs. media – Business Insider

New Spanish Data Protection Act partly nullified by the Constitutional Court

On 22 May 2019 it was disclosed that the Spanish Constitutional Court had decided to nullify indent 2 of the final provision 3 of the new Spanish Data Protection Act, less than six months after becoming effective.

At the same time, article 58 bis of the General Electoral Act, created by the former, is also nullified.

Source: SPAIN: New Data Protection Act (partly) nullified by the Constitutional Court

Brussels Court of Appeal refers Facebook case to CJEU

Belgian Data Protection Authority (DPA) announced, on 8 May 2019, that the Brussels Court of Appeal issued its judgment in relation to the DPA’s proceedings against Facebook, Inc., following the pleading of the parties to the Court on 27 and 28 March 2019.

DPA highlighted that the Court did not rule on the merits of the case and decided to refer it to the Court of Justice of the European Union (CJEU) to be assessed in line with the General Data Protection Regulation (GDPR) seeking to ensure that the DPA can pursue the case against Facebook.

Source: Belgium: Brussels Court of Appeal refers Facebook case to CJEU

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