On May 13, 2014, the European Court of Justice (ECJ) in the Google Spain SL, Google Inc. v Agencia Española de Protección de Datos (AEPD) — Case C 131-12, issued a preliminary ruling (i.e. an interpretation decision) on referral of the Spanish Audiencia Nacional (National High Court). The ECJ found that a search engine’s retrieval […]
The article comments the “right to be forgotten decision” of the European Court of Justice (Case C 131-12) In particular, in light of decision, the article discuss the following points: -whether the “activity of a search engine properly classified as “processing of personal data” and whether “the operator of the search engine [ is] thus a […]
The article discusses how far apart European and American legal systems are when it comes to data privacy and liability. The developments relating to the recent European ruling could prompt a discussion in America about privacy policies. The full text of the article is available at: http://blogs.wsj…
The EU Parliament voted a “telecom package” legislation barring internet access providers from blocking specific services for economic reasons and to end mobile phone roaming fees beginning of 2016. If this legislation is approved by the EU Council operators will be prohibited from blocking or slowing down selected services (e.g., free calling services like Skype) […]
André Bywater discusses the state of the proposed reforms to the EU data protection rules, as well as the key elements that would be introduced by the suggested changes. The full text is available at: http://www.daftblogger…
On April 8, 2014 the European Court of Justice declared invalid Directive 2006/24/EC (“Data Retention Directive”) on the retention of data generated or processed in connection with the provision of publicly available electronic communications or public communications networks. The directive establishes that providers must retain traffic and location data as well as related data necessary […]
The social responsibility for businesses is an increasingly important topic. Lawyers and law firms are interested in this field under at least three perspectives: (i) as counselors for their clients on these issues; (ii) as suppliers of services to their clients, when they are asked to adhere to their clients’ code of conduct; and (iii) […]
In a case of first impression, a New York Magistrate Judge held that US-based Internet service providers must turn over data stored overseas, if so requested by a U.S. government search warrant. The case itself addressed a search warrant issued to Microsoft for a customer’s data stored in Dublin, Ireland. More information on the Court […]
On March 12, 2014, the European Parliament approved in its plenary section the Commission’s data protection reform proposal. The reform consists of two bills: a Regulation setting out a general EU framework for data protection and a Directive on protecting personal data processed for the purposes of prevention, detection, investigation or prosecution of criminal offences […]
The Italian Data Protection Authority issued detailed rules for the processing of personal data by call centers located outside the EU, which operate on behalf of Italian data controllers to provide customer care or for marketing purposes. According to Directive 95/46/EC the transfer of personal data to third countries not ensuring an adequate level of […]