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Category Archives: EU Data Protection

Law Enforcement Without Borders

CDT – “A critical case is now working its way through the US courts—one that raises important questions for users and providers of cloud services in both the US and Europe. As part of a US criminal investigation, a US federal court has ordered Microsoft to hand over a customer’s files that the company holds in its Ireland data centre. Microsoft has refused to comply with this order, arguing among other things that a warrant issued by a US court is not sufficient to reach content stored outside US territory, and that the US government must obtain the assistance of the Irish authorities. The crucial question here is: what rules apply when one country demands that a service provider with a physical presence on its territory give its authorities access to communications stored in another country? Because larger policy questions are at stake, CDT and other public interest groups are filing briefs in the case on 15 December. And recently, Dara Murphy, the Irish Minister for European Affairs and Data Protection, asked the European Commission to file its observations. The Commission is now considering adding its voice to the conversation. CDT believes that the European Commission’s views would be helpful in shaping the outcome.”

Oxfam’s new report on global inequalty

“From Ghana to Germany, South Africa to Spain, the gap between rich and poor is rapidly increasing, and economic inequality has reached extreme levels. In South Africa, inequality is greater today than at the end of Apartheid.The consequences are corrosive for everyone. Extreme inequality corrupts politics, hinders economic growth and stifles social mobility. It fuels crimeContinue Reading

Berlin Weighs Possible Hit to U.S. Tech Firms

WSJ – “German politicians are debating a new Internet-security law that could exclude U.S. technology companies from Germany’s digital economy, a sign Berlin is beginning to press its commercial advantage after revelations of spying by the NSA. The draft law, which is still being hammered out, envisions new requirements like revealing source code or other proprietaryContinue Reading

Libraries may digitize books without permission, EU top court rules

Loek Essers – PC World: “European libraries may digitize books and make them available at electronic reading points without first gaining consent of the copyright holder, the highest European Union court ruled Thursday. The Court of Justice of the European Union (CJEU) ruled in a case in which the Technical University of Darmstadt digitized a book published byContinue Reading

European Facebook Users Privacy Lawsuit Moves Forward

EPIC: “A group of over 25,000 European Facebook users may proceed with their lawsuit against Facebook. The users, led by privacy activist Max Schrems, sued Facebook in a court in Vienna. The users charge Facebook with violating EU privacy law by improperly handling users’ data. Now that the court has approved the class action suit, Facebook must respond toContinue Reading

The transfer of personal data to third countries and international organisations by EU institutions and bodies

European Data Protection Supervisor – The transfer of personal data to third countries and international organisations by EU institutions and bodies. Position paper. Brussels, 14 July 2014. “This paper provides guidance to EU institutions and bodies on how to interpret and apply the rules laid down in Regulation (EC) No 45/2001 in the context of international transfers of personalContinue Reading

CDD Files Complaint on U.S./EU Safe Harbor for Data Privacy at FTC

Filing Reveals Failure of U.S. Agreement to Protect European Privacy – “The key framework that is supposed to protect EU citizens’ privacy when their data is collected by U.S. companies—known as the U.S.-EU Safe Harbor—is failing to provide them the safeguards that were promised, according to a complaint filed today by a leading U.S. consumer privacyContinue Reading

On Privacy, New Survey Places US Attitudes Among EU Countries

EPIC – “One of the most comprehensive surveys of privacy ever undertaken finds US attitudes toward privacy remarkably similar to those of Europeans. The survey of 15 countries on privacy, and tradeoffs consumers are prepared to make, placed the US squarely in the middle of European countries, roughly between France and Italy on one side and Germany andContinue Reading

Handbook on European data protection law

“This handbook on European data protection law is jointly prepared by the European Union Agency for Fundamental Rights (FRA) and the Council of Europe together with the Registry of the European Court of Human Rights. It is the third in a series of legal handbooks jointly prepared by FRA and the Council of Europe. InContinue Reading

UK – When is CCTV covered by the Data Protection Act?

“Most uses of CCTV will be covered by the Data Protection Act. This gives you the right to see information held about you, including CCTV images of you, or images which give away information about you (such as your car number plate). The Data Protection Act sets rules which CCTV operators must follow when they gather,Continue Reading

Free Speech Groups Issue New Guide to International “Necessary & Proportionate Principles”

News release: “As the global debate over the intelligence programs revealed by Edward Snowden approaches its first anniversary, the Electronic Frontier Foundation (EFF) and ARTICLE 19 today published a new legal analysis of the Necessary & Proportionate Principles, a guiding framework for countries to apply international human rights law to communications surveillance. Currently, there are few legalContinue Reading

UK CCTV code of practice – revised

“This revised code of practice on CCTV is intended to replace the last revision which was published in 2008.  The aim of this revision is to reflect the developments in existing technologies that have taken place since the last revision, to discuss the emergence of new surveillance technologies and the issues they present, to reflectContinue Reading