On November 7, 2019, the European Data Protection Supervisor (EDPS) [i] issued the Guidelines on the concepts of controller, processor and joint controllership under Regulation (EU) 2018/1725 (“Guidelines”). As a background, Regulation (EU) 2018/1725[ii] (“Regulation”) applies to the processing of personal data by the Union institutions, bodies, offices and agencies. The Guidelines aim at providing […]
This guidance aims at helping controllers “to decide when to rely on legitimate interests as … basis for processing personal data and when to look at alternatives.” The entire Guidance is helpful but particularly helpful are the sections: “Are there cases when legitimate interests is likely to apply?” The GDPR highlights some processing activities where […]
On October 31, 2019, the UK Data Protection Authority, the Information Commissioner Officer (ICO), published an opinion on live facial recognition (“LFR”) by enforcement authorities: The use of live facial recognition technology by law enforcement in public places (“Opinion”) The ICO points out that a statutory and binding code of practice issued by government, modelled on […]
On October 2, 2019, the UK Court of Appeal unanimously overturned a block on a “class-action” lawsuit (technically a “collective action”) brought by a veteran on behalf of millions iPhone users against Google for the latter’s use of “Safari Workaround” . Now the case can be heard. The lawsuit alleges that Google secretly tracked some […]
On October 8th and 9th, 2019, the European Data Protection Board (“EDPB“), which is the EU body in charge of the application of the General Data Protection Regulation (“GDPR) and consists of a representative of each EU DPA and of the European Data Protection Supervisor (EDPS), met for its fourteenth plenary session and: – adopted the final […]
Updated on October 18th, 2019: On August 8, 2019, the United States Court of Appeals for the Ninth Circuit held that the plaintiffs have constitutional standing to sue Facebook for violating statutory privacy rights under the Illinois Biometric Information Privacy Act of 2008. Facebook had filed a motion to dismiss arguing that plaintiffs lacked standing […]
The Cayman Islands data protection law 2017 (“DPL”) came into effect on September 30, 2019 and applies to all organizations, businesses and public authorities that use personal data. The DPL is centered on the following principles: Fair and lawful use Purpose limitation Data accuracy Storage limitation Respect for the individual’s rights Security – integrity & confidentiality International transfers (i.e., Personal […]
UPDATE: On September 24, 2019, the European Court of Justice ruled in favor of Google after the company appealed. The Court found that Google is not forced to censor its search results on a global scale and is only required to remove outdated or irrelevant links on its European sites. The ruling stated, “Currently, there […]
On June 4, 2019, the Corte di Cassazione, the Italian Supreme Court, clarified the scope of the right of the public to be informed (also known as public right’s to know) in relation to the right of the individual to be forgotten with reference to old news, which are being republished after many years. In this […]
On July 29, 2019, the Court of Justice of the European Union (ECJ) published its judgement in case C-40/17, holding – like Advocate General Bobek (see here) suggested – that an organization who embeds a Facebook “Like” button on its website may be considered a data controller. In this case, a German fashion online […]