On September 3, 2018, the Bundesgerichtshof, the German Federal Court of Justice deferred a preliminary ruling to the Court of justice of the European Union (CJEU) to decide whether, under EU data protection laws, a pre-checked checkbox – which the user must unselect to refuse his consent – is a valid consent to store information, […]
On July 12, 2018, the German federal court (Bundesgerichtshof, BGH) overturned the judgment of the Berlin’s highest state court (Kammergerichts), which had denied the parents’ access to their daughter’s Facebook account. The case involved a mother trying to access the deceased 15-year-old daughter’s Facebook account in order to understand the cause of death. With its […]
Carpenter v. United States, 201 L. Ed. 2d 507, 2018 U.S. LEXIS 3844, 138 S. Ct. 2206, 86 U.S.L.W. 4491, 27 Fla. L. Weekly Fed. S 415, 2018 WL 3073916 SCOTUS decided Carpenter vs US: police needs a warrant to search past location data from a suspect’s cellphone On June 22, 2018, the […]
Tags: DATA PROTECTION
On June 5, 2018, the European Court of Justice (CJEU), issued its preliminary ruling in C‑210/16, opining on the definition of data controller, applicable national law, and jurisdiction under EU data protection law according to Directive 95/46/EC. According to the CJEU’s judgement, EU companies that have been advertising through Facebook can be considered data […]
On March 8, 2018, the U.S. Court of Appeals for the Ninth Circuit found that an alleged “increased risk of future identity theft” suffices Article III standing requirement in a data breach putative class action. On June 1, 2015, the District Court of Nevada had dismissed for lack of standing the data breach putative class […]
On February 1, 2018, the Garante per la Protezione dei Dati Personali, the Italian Data Protection Authority (DPA), prohibited an Italian company to store employees’ corporate emails for an indefinite period. This would violate the principles of lawfulness, necessity, and proportionality established by the Privacy Code. The DPA explained that the company – instead of implementing […]
On June 15, 2017, the Italian Data Protection Authority, Garante per la Protezione dei Dati Personali, rejected the request of an Italian service company to be authorized to process its employees’ judiciary data because of lack of an adequate legal basis. The Italian company was looking to process the judiciary information of its employees to allegedly […]
On September 13, 2017, ten U.S. citizens and one lawful permanent resident sued the Department of Homeland Security (DHS) before the U.S. Court of Massachusetts challenging searches and seizure of travelers’ personal electronic devices in violation of privacy and free speech protections of the U.S. Constitution. Allegedly, U.S. Customs and Border Protection (CBP) and U.S. […]
Tags: DATA PROTECTION
On August 3, 2017, several parents brought a class action in San Francisco against Walt Disney. The parents allege that Walt Disney and its partners exfiltrated the personally identifying information of their children playing online games via smart phone apps, for future commercial exploitation, in direct violation of the federal Children’s Online Privacy Protection Act […]
Tags: DATA PROTECTION
On June 15, 2017, the Italian Data Protection Authority, Garante per la protezione dei dati personali, highlighted how time is not the only factor to consider when asking to be forgotten. There are additional circumstances that have to be considered, like for example, the public right to information. In this case, a senior public official […]