In February 2017, the Italian Data Protection Authority (Garante per la protezione dei Dati Personali) fined five companies over 11 million euros for the unlawful processing of personal data. The companies, which operate in the money transfer field, unlawfully processed the personal data of over 2 millions people. To avoid money laundering legislation, the companies would use […]
European Court of Justice — Case C‑13/16 On January 26, 2017, the Advocate General (AG) to the Court of Justice of the European Union (CJEU) Mr. Bobek opined that there is no legal obligation for a data controller under EU data protection law to disclose data enabling the identification of a person allegedly responsible for an administrative offence. In […]
The Advocate General (AG) of the Court of Justice of the European Union (ECJ) opined on the right to be forgotten in companies’ registers: no right to be forgotten there. In case C-393/15, the Corte di Cassazione (the Italian Supreme Court) asked the ECJ to clarify the right of individuals to be forgotten, to have their […]
On September 8, 2016, the Court of Justice of the European Union (CJEU) decided whether unconsented hyperlinking to copyrighted material is copyright infringement. It held that when that unconsented hyperlinking generates a profit, then it is is copyright infringement. In 2011, GeenStijl published links to some pirated Playboy photos. Sanoma (Playboy publisher) brought an action at the Rechtbank […]
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On October 6, 2016, the Italian Data Protection Authority (Garante per la Protezione dei Dati Personali) (“Italian DPA”) issued an order denying the right to be forgotten to those involved in major crimes. A former city counselor involved in an investigation for corruption and fraud requested a de-indexation of some related articles. The events occurred […]
On May 18, 2016, the Italian Data Protection Authority (Garante per la Protezione dei Dati Personali) issued an order allowing for the processing of personal geo-localization data collected through the employees’ smartphones. An Italian company, SITE S.p.A., submitted a preliminary request for examination of the DPA with reference to the processing of personal data gathered […]
On September 15, 2016, the Court of Justice of the European Union (“ECJ”) hold that the operator of a shop who offers a Wi-Fi network free of charge to the public is not liable for copyright infringements committed by users of that network. [However, he/she may be required to password-protect her network] in order to […]
On June 29, 2016, the Belgian Court of Appeal overturned the Brussels Court of First Instance’s decision against Facebook. The Brussels Court of First Instance had found Facebook liable for violation of Belgian privacy law for using cookies to track users who did not consent to the processing of their personal data and non users. Facebook was fined […]
On June 13, 2016, Schrem’s website “Europe v Facebook”(website collecting information regarding class actions against Facebook) released a press update according to which the United States government asked the Irish High Court to join as amicus curiae in the case between Max Schrems and Facebook. “The US government likely wants to defend its surveillance laws before the European […]
On June 27, 2016, the English High Court approved the use of predictive coding over the objection of one of the parties. The opposing party argued that predictive coding should not be used to carry out the disclosure review since the process would not be accurate and relevant documents could be missed. The requesting party […]