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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 […]

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    Explaining the ruling that overturned the UK’s Data Retention & Investigatory Powers Act

Explaining the ruling that overturned the UK’s Data Retention & Investigatory Powers Act

The English High Court just invalidated the UK’s bill on retention and investigation of communications data that was enacted in 2014 in the wake of the overturning of the EU Data Retention Directive by the European court. Lorna Woods of the University of Essex explains the ruling and its implications. 

In a very rare outcome, the English High Court has declared […]

Time to stop nuisance calls in their tracks

As July is Scams Awareness Month and with financial scams defrauding complainants by over £4m, LSE’s Claire Milne argues that the cost of inaction regarding nuisance and spam calls might be greater than the cost of technical measures necessary to put an end to them.

Yet again scam and nuisance calls are in the news. Government and regulators continue […]

July 10th, 2015|Featured, Privacy|0 Comments|
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    Not so different after all? Reconciling Delfi vs. Estonia with EU rules on intermediary liability

Not so different after all? Reconciling Delfi vs. Estonia with EU rules on intermediary liability

On 16 June 2015, the European Court of Human Rights delivered its final judgment in Delfi AS v. Estonia. By fifteen votes to two, the Grand Chamber ruled that there was no violation of Article 10 of the Convention of Human Rights (‘the Convention’ hereafter) despite the imposition of publisher liability for user generated content. Would the case […]

Secrecy, distrust, and interception of communications

LSE PhD researcher Bernard Keenan breaks down the different elements of the concept of “secrecy” that were highlighted by the recently-released report on surveillance laws in the UK.

The long-awaited report from the Independent Reviewer of Terrorism Legislation, David Anderson QC, was published on 11 June. Entitled ‘A Question of Trust’, it is the first comprehensive and politically impartial official […]