advocate general
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Advocate General recklessly calls for watering down privacy protections
On 27 October, the Advocate General (AG) Szpunar of the Court of Justice of the European Union (CJEU) released his opinion on the French ‘HADOPI’ system against online copyright infringements. The case has potentially important implications for the ongoing political debate on data retention by private companies for access by law enforcement authorities.
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Data retention: “National security” is not a blank cheque
On 15 January, Advocate General (AG) Campos Sánchez-Bordona of the Court of Justice of the European Union (CJEU) delivered his opinions on four cases regarding data retention regimes in France, Belgium and the UK, in the context of these Members States’ surveillance programmes.
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Indiscriminate data retention considered disproportionate, once again
EDRi’s initial reaction on the press release of the AG Opinion on data retention Today’s Court of Justice of the European Union (CJEU) Advocate General’s Opinions continue the firmly established case-law of the CJEU considering mass collection of individuals communications data incompatible with EU law. The Advocate General reaffirms that blanket retention of telecommunication data […]
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Fighting defamation online – AG Opinion forgets that context matters
On 4 June 2019, Advocate General (AG) of the Court of Justice of the European Union (CJEU), Maciej Szpunar, delivered his Opinion on the Glawischnig-Piesczek v Facebook Ireland case. The case is related to injunctions obliging a service provider to stop the dissemination of a defamatory comment. Looking carefully at this Opinion is important, as […]
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Advocate General issues two Opinions on “right to be forgotten”
On 10 January 2019, the Advocate General (AG) Maciej Szpunar delivered two Opinions to the Court of Justice of the European Union (CJEU) that could have far-reaching implications for the “right to be forgotten”, which aims at enabling individuals to lead an autonomous life without stigmatisation from their past actions.
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European Court Opinion: Canada PNR deal cannot be signed
Today, on 8 September 2016, the Advocate General of the Court of Justice of the European Union (CJEU) gave his Opinion confirming that the agreement between EU and Canada to share Passenger Name Records (PNR) data is not fully in compliance with European law. It’s shocking to note that all the EU’s others PNR instruments […]
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European Court confirms: Strict safeguards essential for data retention
Today, on 19 July 2016, the Advocate General (AG) Henrik Saugmandsgaard Øe of the Court of Justice of the European Union (CJEU) issued an Opinion on a case Tele2 Sverige AB v Post- och telestyrelsen (C-203/15) that deals with data retention obligations that were imposed by law on a Swedish telecom provider. The Court was […]
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Advocate General: E-lending must be included to the lending rights
In 2015, the Dutch Association of Public Libraries (VOB) started a legal procedure against Stichting Leenrecht, the organisation distributing the remuneration to authors that libraries pay for lending books in the Netherlands. The purpose of the case was to clarify if the European Union’s Rental and Lending Rights Directive covers the lending of electronic books. […]
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Access Now, EDRi on data protection: “No Safe Harbour 2.0 without reform on both sides of the Atlantic”
On January 12, Estelle Massé, Policy Analyst at Access Now, and Joe McNamee, Executive Director at EDRi, were invited by the committee of EU data protection authorities – the Article 29 Data Protection Working Party – to discuss the aftermath of the Safe Harbour ruling. Read our full submission to the Article 29 Data Protection […]
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Safe Harbor: European Court Advocate General says Agreement should be declared invalid
This morning, the Advocate General of the Court of Justice of the European Union (CJEU), in his Opinion on the “Safe Harbor” Agreement with the United States, advised the Court to declare the entire Agreement invalid. The catalyst for the case was the mass surveillance practices of the United States. Sixteen years ago, the EU […]
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