Highlights
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ECtHR: Obligation on companies to identify all phone users is legal
On 30 January 2020, the European Court of Human Rights (ECtHR) issued its judgment on the Breyer VS Germany case.
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AG’s Opinion: Mass retention of data incompatible with EU law
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Serbia: Complaints filed against Facebook and Google
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ECtHR demands explanations on Polish intelligence agency surveillance
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Serbia: Complaints filed against Facebook and Google
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Austrian government hacking law is unconstitutional
On 11 December 2019, the Austrian Constitutional Court decided that the surveillance law that permits the use of spying software to read encrypted messages violates the fundamental right to respect for private life (article 8 ECHR), the fundamental right to data protection (§ 1 Austrian data protection law) and the constitutionally granted right that prohibits unreasonable searches (Art 9 Austrian bill of rights – Staatsgrundgesetz).
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EU Council moves the ePrivacy reform forward – with major flaws in its position
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CJEU ruling on fighting defamation online could open the door for upload filters
Today, on 3 October 2019, the Court of Justice of the European Union (CJEU) gave its ruling in the case C‑18/18 Glawischnig-Piesczek v Facebook. The case is related to injunctions obliging a service provider to stop the dissemination of a defamatory comment. Some aspects of the decision could pose a threat for freedom of expression, in particular that of political dissidents who may be accused of defamatory practices.
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CJEU on cookies: ‘Consent or be tracked’ is not an option
European Digital Rights (EDRi) welcomes the CJEU's confirmation that under the current data protection framework, cookies can only be set if users have given consent that is valid under the General Data Protection Regulation (GDPR).
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CJEU: Public documents could be censored because of copyright
On 29 July 2019, the Court of Justice of the European Union (CJEU) delivered a judgment that could have serious impact on freedom of expression. The case (C‑469/17) concerns Funke Medien NRW GmbH, the editor of the German daily newspaper Westdeutsche Allgemeine Zeitung, and Bundesrepublik Deutschland (Federal Republic of Germany). It follows a request in […]
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Facebook fails to avoid CJEU judgment on NSA case
On 31 May 2019, the Irish Supreme Court decided over an unprecedented application by Facebook. The decision is part of an ongoing procedure on Facebook’s involvement with the United States Nationa Security Agency (NSA) under the so-called “PRISM” surveillance program before the Irish Data Protection Commission (DPC) and the Irish High Court.
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Facebook’s commitments on ToS: Much ado about nothing?
On 9 April 2019, the Directorate-General for Justice and Consumers of the European Commission (DG JUST), together with the Consumer Protection Cooperation (CPC) Network, cheered at the new Facebook commitments to amend its Terms of Services (ToS). The amendments should address the concerns already raised by national competition authorities about the current ToS. They should […]
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