Court of Justice of the European Union
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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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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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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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EU Commissioners candidates spoke: State of play for digital rights
On 1 November 2019, the new College of European Commissioners – comprising 27 representatives (one from each EU Member State), rather than the usual 28, thanks to Brexit – are scheduled to take their seats for the next five years, led by incoming President-elect, Ursula von der Leyen.
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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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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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EDPB confirms: Privacy Shield is still a shame
On 22 January 2019, the European Data Protection Board (EDPB) adopted a Report on the Second Annual Review of the EU-US Privacy Shield. The Privacy Shield is a framework arrangement between the United States and the European Union to enable the transmission of personal data from the territory of the EU to the US. It […]
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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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EU Member States willing to retain illegal data retention
With its judgments in April 2014 (Digital Rights Ireland ) and December 2016 (Tele2 ), the Court of Justice of the European Union (CJEU) ruled that blanket data retention was illegal under EU law. Rather than repealing their illegal data retention laws, EU Member States have instead adopted a tactic of ignoring the highest court […]
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Danish High Court ruling on data retention use and file sharing cases
On 7 May 2018, the Eastern High Court in Denmark delivered a ruling that internet service providers (ISPs) are not required to disclose subscriber information in file sharing cases.
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