Spanish court holds father cannot publish his child’s pictures on Facebook without mother’s permission

On June 4, 2015 the Spanish court of Pontavedra (Audiencia Provincial de Pontevedra) held that a father cannot publish his child’s pictures on Facebook without mother’s permission Inside a divorce proceeding a court had granted Father the right to publish his son’s pictures on Facebook. Mother appealed and the Audiencia Provincial de Pontevedra reversed. See […]

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United Nations appointed special Rapporteurs on the right to privacy and on independence of judges and lawyers

On July 1, 2015, the United Nations appointed several special Rapporteurs. The mandates will least for the next three years. Among others, the following officers were appointed: Ms. Mónica Pinto, as special Rapporteur on the independence of judges and lawyers. To protect human rights and fundamental freedoms, the special rapporteur will monitor that the judiciary […]

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Legal advertising rules are overly restrictive and underenforced, APRL’s report says

On June 22, 2015, the Regulation of Lawyer Advertising Committee of the Association of Professional Responsibility Lawyers (APRL) issued the 2015 Report of the Regulation. The Committee was created by APRL in 2013 to analyze the ABA Model Rules of Professional Conduct and study the various states’ approaches to regulating lawyer advertising with the goal […]

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Germany’s effort to balance cybersecurity and privacy

On June 12, 2015, in the Bundestag (German legislative body) a bill on data retention (Entwurf eines Gesetzes zur Einführung einer Speicherpflicht und einer Höchstspeicherfrist für Verkehrsdaten) was introduced. It requires companies to store (in Germany) traffic data for a specified amount of time to allow enforcement agencies to request it for repression of terrorism. However, due to strong […]

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Mass surveillance bill passed in France – now under review of Constitutional Council

On June 23, 2015, the French senate formally voted the Loi Renseignement (see here). The law has been named “Le Patriot Act” because – in the wake of the terrorist attack killing 17 people in Paris (see here) – it gives mass surveillance powers to the French Government. On June 24, 2015, the law was voted also by the […]

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FCC’s Omnibus Declaratory Ruling & Order with clarifications on telemarketing calls and commercial text messages released

On June 18, 2015, the Federal Communications Commission (FCC) adopted the Omnibus Declaratory Ruling and Order (released July 10, 2015). The Omnibus Ruling contains clarifications regarding requirements under the Telephone Consumer Protection Act (TCPA) and FCC’s issued rules and orders. It imposes requirements for telemarketing calls and commercial text messages. The Omnibus Ruling took effect immediately […]

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U.S. Supreme Court finds unconstitutional LA ordinance requiring hotels to make guest registry available to police for inspection on demand

On June 22, 2015, the Supreme Court affirmed, in a 5-4 decision, the 9th Circuit Court of Appeal’s conclusion that the law must give hotel owners a right to object to police demanding to see their registries at any given hour of the day. The Court struck as facially unconstitutional Los Angeles Municipal Code § […]

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Are IP addresses “personal data” when stored in a log? European Court of Justice to decide the issue

The European Court of Justice is called to decide whether server logs shall be considered as ‘personal data’ under the EU’s Directive 95/46/EC. Case C-582/14. Server logs are automatically created and typically set behind webpages to record which pages have been viewed, when, and by which dynamic IP address. The IP address is the number […]

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New Zealand passes bill on cyberbullying and harmful digital communications and faces critics for limiting free speech

    On July 2, 2015, the New Zealand Harmful Digital Communications Bill received Royal Assent. The law sets up new offenses for cyber-bulling and a new regime to mitigate the harm produced by digital communications and to police them. Using deliberately harmful, threatening or offensive language, could be fined or lead to imprisonment. Critics are […]

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