CJEU
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Europe’s highest court delivers landmark judgment against IAB Europe in GDPR consent spam pop-ups case
The Court of Justice of the European Union's landmark decision on March 7, 2023, against the auctioning of personal data for advertising purposes under the General Data Protection Regulation (GDPR) challenges the legality of invasive tracking and profiling in the context of online advertising. It marks a significant victory for privacy advocates and sets a precedent for the protection of personal data in the digital era.
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Do you trust the police? CJEU Advocate General accepts access to phones for any type of crime
In its opinion on the Bezirkshauptmannschaft Landeck case, the Advocate General of the European Court of Justice is failing to suggest adequate safeguards for police access to our smartphones.
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Europol management board in breach of new rules as soon as they came into force
The EU’s police agency, Europol, has landed itself in trouble again. Statewatch has now revealed that the agency’s management board was in breach of the new rules governing the agency as soon as they came into force in June.
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New Data Retention ruling is a victory for civil society
The Court of Justice of the European Union (CJEU) has announced a historic judgement today: the current telecommunications data retention in Germany violates the fundamental rights of people in the European Union. The underlying data retention law is therefore null and void.
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Gmail creates “Spam Emails”, despite CJEU judgment
On 24 August, EDRi member noyb.eu filed a complaint against Google with the French Data Protection Authority (CNIL). The tech giant has repeatedly ignored the European Court of Justice (CJEU) ruling on direct marketing emails and used its email platform Gmail to send unsolicited advertising emails without valid consent of the users.
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Opinion on the Passenger Name Record CJEU case
In Case-817/19, Belgium’s Constitutional Court has asked the EU Court of Justice whether the PNR Directive (2016/681) is compatible with the Charter of Fundamental Rights. The hope must be that the Court will stand up for the rights of individuals, enforce the Charter of Fundamental Rights, and declare the PNR Directive (like the Data Retention Directive) to be fundamentally in breach of the Charter.
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CJEU in surprise judgment: zero rating is illegal under EU law
Europe’s highest court has put an end to a long-standing legal battle around the EU’s Net Neutrality Regulation. In a landmark judgement published last week, the Court of Justice of the European Union (CJEU) confirmed what EDRi and its members have argued for years: that zero rating is illegal under EU law because it violates the neutrality obligations of internet access providers
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CJEU upholds strict requirements for law enforcement access to electronic communications metadata
Traffic and location data may allow precise conclusions to be drawn about the persons involved, e.g. their social relationships or the social environments frequented by them. In most cases, the CJEU has only allowed access to such data for serious crimes. However, the CJEU ruled that access to retained data is only allowed in cases of serious crime when the access implies a serious interference, and in all criminal cases when the access does not imply a serious interference.
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A victory for us all: European Court of Justice makes landmark ruling to invalidate the Privacy Shield
Today, 16 July 2020, the Court of Justice of the European Union (CJEU) invalidated the EU-US Privacy Shield. The ruling proves a major victory for EU residents on how their personal data is processed and used by platforms like Facebook.
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Swedish law enforcement given the permission to hack
On 18 February 2020, the Swedish parliament passed a law that enables Swedish law enforcement to hack into devices such as mobile phones and computers that the police thinks a suspect might use. As with the recent new data retention law only one party (and one member of another party) voted against the resolution (286-26 […]
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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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CJEU to decide on processing of passenger data under PNR Directive
On 20 January 2020, the District Court of Cologne, Germany, submitted to the Court of Justice of the European Union (CJEU) the question whether the European Passenger Name Record (PNR) Directive violates fundamental rights. EDRi member Gesellschaft für Freiheitsrechte (GFF, Society for Civil Rights) initiated the proceedings against the directive, which allows for authorities to […]
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