CJEU
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Denmark: Our data retention law is illegal, but we keep it for now
On 2 March 2017, the Danish Minister of Justice appeared before the Legal Affairs Committee of the Danish Parliament to answer questions about the implications of the Tele2 data retention ruling (joined cases C-203/15 and C-698/15) from the Court of Justice of the European Union (CJEU). In his statement to the committee, the Minister started […]
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The Republic of Moldova: “Big Brother” Law
In the European Union (EU) the limitation of mass surveillance measures is currently discussed in the context of the European Court of Justice (CJEU) and four EU member states’ constitutional court decisions relating to the laws on retaining traffic data. At the same time, in the Republic of Moldova, a new law on broadening the […]
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Google’s forgetful approach to the “right to be forgotten”
Google is unquestionably a pioneer with regard to transparency reporting in the online environment. It was among the first to demand more transparency regarding government restrictions on freedom of communication and access to user data. The company has continued to learn and refine its processes. It has produced a consistent methodology for the various types […]
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CETA puts the protection of our privacy and personal data at risk
We are constantly sharing parts of our lives on the internet. We feel free to do this because we believe that we can still preserve some privacy and remain in control of what we share. Governments have a moral and legal duty to protect our privacy, prevent abuses and preserve a climate of trust. This […]
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The curious tale of the French prime minister, PNR and peculiar patterns
On 8 September, Paolo Mengozzi, advocate general of the Court of Justice of the European Union (CJEU), indicated that the EU cannot ratify the draft EU-Canada Passenger Name Records (PNR) agreement because several of its provisions do not respect the EU Charter of Fundamental Rights. Representatives of civil society, including our organisations European Digital Rights and […]
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The GS Media case: An attack on the world wide web
The cliché goes that “hard cases make for bad law”. The Court of Justice of the European Union (CJEU) judgment in GS Media case (C‑160/15) is one of the real-life examples of this. It is not easy to sympathise with the losing party, GS Media, who exploits a provocative blog with the name “GeenStijl” (which […]
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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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Romania: Mass surveillance project disguised as eGovernment
The Romanian Intelligence Services (SRI) has recently been granted EU funds for the project “SII Analytics” to acquire software and hardware for “consolidating and assuring eGovernment interoperability between public information systems”. The project seems to aim at gathering all major state owned databases (e.g. citizens and company registry, health card data, fiscal data) in SRI’s […]
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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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Privacy Shield: Privacy sham
Today, on 12 July 2016, the European Commission adopted the so-called “Privacy Shield”, a special arrangement that allows the transfer of personal data from the EU to the United States. The Privacy Shield replaces the former Safe Habor agreement, which used to serve the same purpose, before being annulled by the European Court of Justice […]
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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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Advocate General: Dynamic IP address can be personal data
On 12 May Manuel Campos Sánchez-Bordona, Advocate General (AG) of the European Court of Justice (CJEU), gave his opinion in the Case Patrick Breyer against the Federal Republic of Germany, C-582/14. Patrick Breyer sued the German government for violating his right to data protection by storing the data about him visiting websites of the German […]
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