Conseil d’Etat requests preliminary ruling from CJEU on Right to be Forgotten

The right to be forgotten has been judicially recognized by the CJEU with the Google Spain judgment  (Case C-131/12). According to the judgement, Europeans have the right to disappear from search engine’s results under certain conditions. The National Commission of Information Technologies and Liberties (CNIL), Commission nationale de l’informatique et des libertés, rejected some complaints […]

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Mass publication of personal tax information can be banned, the ECHR holds

On June 27, 2017, the Grand Chamber of the European Court of Human Rights (“ECHR”) issued its judgment in the case of Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland (application no. 931/13) holding that the publication of personal tax information does not violate Article 10 (freedom of expression) of European Convention on Human Rights. […]

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SCOTUS to decide whether a warrant is needed to obtain location data from cellphone carriers

On June 5, 2017, the Supreme Court granted a writ of certiorari to review the decision by the Sixth Circuit holding that the protection granted under the Fourth Amendment did not prevent the government to access business records from the defendants’ wireless carriers revealing the user’s location without obtaining a warrant. In Carpenter v. United States […]

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NY Court of Appeals dismissed Facebook’s appeal on motion to quash 381user accounts’ search warrants

On April 4, 2017, New York Court of Appeals ruled that it does not have authority to hear Facebook’s appeals against motions to quash search warrants issued under the Stored Communications Act (SCA). By way of background. Facebook appealed a September 17, 2013 New York County trial court’s sealed order containing bulk SCA search warrants directing […]

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Illinois federal court finds face-scan measurements derived from a photo qualify as biometric identifiers

On February 27, 2017, an Illinois federal court denied Google’s motion to dismiss a claim alleging that Google handles images in violation of the Illinois 2008 Biometric Information Privacy Act (BIPA). In a (putative) class action against Google Photos, plaintiffs alleged that the service collects, stores and uses- without informed consent and in violation of BIPA – the […]

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First data security class action against law firm is sent to individual arbitration

The first filed privacy class law against a law firm was sent to arbitration. On April 15, 2016, Plaintiffs filed the first class action complaint against a law firm for “systematically exposing confidential client information and storing client data without adequate security”. The complaint accuses Johnson & Bell, a mid-sized Chicago firm, of failing to […]

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Public employees’ communications about public business are subject to disclosure under the Cal. Public Records Act even if employees use personal account, Cal. SC. holds

On March 2, 2017, the California Supreme Court held that the electronic communications of a public employee about the conduct of public business may be subject to disclosure under the California Public Records Act (“CPRA”) even if the employee used a personal account. The court considered how the law, originally designed to cover paper documents, […]

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Facebook user ordered by DPA to remove posts referring to judgments containing data of minor

On February 23, 2017, the Garante per la Protezione dei Dati Personali, the Italian Data Protection Authority (DPA), ordered a mother to delete from her Facebook feed posts containing two  judgments that include private aspects of her family’s life and most of all her daughter’s life. The DPA noted that the posted judgments allowed the identification of the […]

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