Privacy

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    ICANN’s WHOIS System Must Follow Local Laws and Best Practices in Data Protection

ICANN’s WHOIS System Must Follow Local Laws and Best Practices in Data Protection

The Internet operates in a space far removed from Westphalian sovereignty, where mostly self-regulated private entities set policy through network architecture and engineering decisions. Among these bodies, the Internet Corporation for Assigned Names and Numbers (ICANN), a California-based not-for-profit, holds a monopoly over the technical and functional workings of the Internet’s domain name and numbering systems. It is also […]

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    Negotiating the Data Protection Thicket: Life in the Aftermath of Schrems

Negotiating the Data Protection Thicket: Life in the Aftermath of Schrems

Last week, the Court of Justice of the European Union (ECJ) declared that the Safe Harbour agreement which allowed the movement of digital data between the EU and the US was invalid. The Court was ruling in a case brought by Max Schrems, an Austrian student and privacy campaigner who, in the wake of the Snowden revelations of mass […]

(Un)Safe Harbour: Stop! Or the Court of Justice will shoot

In the following post, Diana Dimitrova of the KU Leuven Centre for IT & IP Law, discusses the implications of the Court of Justice of the European Union’s (ECJ) ruling that the Safe Harbour scheme is invalid, and looks at the powers of national supervisory authorities in ensuring compliance with the rights to privacy and data protection.

About the case

In […]

Safe Harbour: Key Aspects of the ECJ Ruling

Today, the Court of Justice of the European Union (ECJ) declared that the Safe Harbour agreement which allowed the movement of digital data between the EU and the US was invalid. The Court was ruling in a case brought by Max Schrems, an Austrian student and privacy campaigner who, in the wake of the Snowden revelations of mass surveillance, […]

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    Data transfers to the US: Safe Harbour declared invalid. What are your options now?

Data transfers to the US: Safe Harbour declared invalid. What are your options now?

One of Europe’s most senior lawyers, Advocate General (AG) Bot, yesterday declared the EU-US Safe Harbour regime invalid. His opinion has profound implications for organisations transferring personal data to the US or importing personal data from Europe. Ross McKean, from Olswang LLP, explains here the practical implications for companies transferring personal data from Europe to the US.

What is safe […]

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    The Willems judgment: CJEU’s missed chance to rein in biometric data usage

The Willems judgment: CJEU’s missed chance to rein in biometric data usage

In her fourth post on data retention and border controls, Diana Dimitrova from KU Leuven looks at the Court of Justice of the European Union’s (CJEU) judgment in the Willems case. Diana discusses the Court’s reasoning on the applicability of the Charter of Fundamental Rights of the EU (CFREU) to the further usage of the biometrics (facial and fingerprint […]

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    Privacy watchdog takes first step against those undermining right to be forgotten

Privacy watchdog takes first step against those undermining right to be forgotten

Eerke Boiten, Senior Lecturer, School of Computing and Director of Academic Centre of Excellence in Cyber Security Research at University of Kent discusses the decision by the UK’s Information Commissioner’s Office to ask Google to remove links to stories about right to be forgotten removals.

The UK’s data privacy watchdog has waded into the debate over the enforcement of the […]

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    Defining a public domain for copyright and data legislation at the European Parliament (part 2)

Defining a public domain for copyright and data legislation at the European Parliament (part 2)

Based on the report of MEP Julia Reda on the European Union Copyright Directive (Implementation of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society) released in January 2015, the European Parliament voted in favour of a resolution on 9 July 2015, asking the Commission to take concrete steps towards copyright reform […]

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    Defining a public domain for copyright and data legislation at the European Parliament

Defining a public domain for copyright and data legislation at the European Parliament

On 9 July, a resolution in a plenary session of the European Parliament recognized the notion of ‘public domain’ for the first time in Europe, on the initiative of MEP Julia Reda. This important step elevates the public domain to the same regulatory space as exclusive rights, considering the rights of users and their default entitlement in the absence […]

Are reports of defamation’s death greatly exaggerated?

The annual Judicial Statistics, released in June, showed a 60% increase in defamation claims in 2014. Judith Townend, Director of the Information Law and Policy Centre, based at the Institute of Advanced Legal Studies, investigates the implications for defamation law development, taking into account recent data protection case law such as the ‘right to be forgotten.’

A marked spike in […]