CJEU
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ECtHR demands explanations on Polish intelligence agency surveillance
The European Court of Human Rights (ECtHR) has demanded the Polish government to provide an explanation on surveillance by its intelligence agencies. This is a result of complaints filed with the Strasbourg court in late 2017 and early 2018 by activists from EDRi member Panoptykon Foundation and Helsinki Foundation for Human Rights as well as […]
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Our New Year’s wishes for European Commissioners
EDRi wishes all readers a happy new year 2020! In 2019, we had a number of victories in multiple fields. The European Parliament added necessary safeguards to the proposed Terrorist Content Online (TCO) Regulation to protect fundamental rights against overly broad and disproportionate censorship measures. The Court of Justice of the European Union (CJEU) ruled […]
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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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Greece: The new data protection law raises concerns
On 29 August 2019, the much awaited new Greek data protection law came into force. Τhis law (4624/2019), implements both the provisions of the EU Law Enforcement Directive (LED, 2016/680) and the General Data Protection Regulation (GDPR) into national level. However, since the first days after the law was adopted, a lot of criticism was […]
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Danish data retention: Back to normal after major crisis
The Danish police and the Ministry of Justice consider access to electronic communications data to be a crucial tool for investigation and prosecution of criminal offences. Legal requirements for blanket data retention, which originally transposed the EU Data Retention Directive, are still in place in Denmark, despite the judgments from the Court of Justice of […]
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Austrian Passenger Name Records complaint – the key points
Austrian EDRi member epicenter.works filed a complaint with the Austrian data protection authority (DPA) about the Passenger Name Records (PNR) in August 2019, with the aim to overturn the EU PNR Directive. On 6 September, the DPA rejected the complaint, which was a good news, because that was the only way to lodge a complaint […]
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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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Poland challenges copyright upload filters before the CJEU
On 24 May 2019, Poland initiated a legal challenge (C-401/19) before the Court of Justice of the European Union (CJEU) against Article 17 of the Directive on copyright in the Digital Single Market. EDRi member Centrum Cyfrowe Foundation has previously tried to get access to the complaint using freedom of information (FOI) requests, without success. […]
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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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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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Czech Constitutional Court rejects complaint on data retention
Czech EDRi member Iuridicum Remedium (IuRe) has fought for 14 years against Czech implementation of the controversial EU data retention Directive which was declared invalid by the Court of Justice of the European Union (CJEU). After years of campaigning and many hard legislative battles, the fight has finally come to an end: on 22 May […]
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ePrivacy: Private data retention through the back door
Blanket data retention has been prohibited in several court decisions by the European Court of Justice (ECJ) and the German Federal Constitutional Court (BVerfG). In spite of this, some of the EU Member States want to reintroduce it for the use by law enforcement authorities – through a back door in the ePrivacy Regulation.
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