Case Law & Court Rules

The Paris Court of Appeal issued criminal sanctions against employer for misuse of a CCTV system put in place for security purposes and not to monitor employees. It also awarded compensation to the employee for moral damages. More information on the judgement issued by the Paris Court of Appeal on February 24, 2015, is available […]

On March 27, 2015, the Court of Appeal issued its final judgment on ‘Safari workaround’: it dismissed Google’s appeal and gave the leeway for UK data subjects to sue Google in England for cookies violations. At the beginning of 2013 several claimants alleged that Google used cookies to track their browsing activity “Browser Generated Information” without […]

On December 18, 2014, the Italian Data Protection Authority (DPA) issued an order with which it confirmed that the right to be forgotten must be balanced with the public interest to read recent important facts.  However, in addition to confirming the need to balance the right to be forgotten with the freedom of expression, the order […]

On December 11, 2014, the European Court of Justice (ECJ) considered the recording by CCTV (Closed-circuit television) cameras on private premises as “household exception” to data protection laws, even though they incidentally monitored a public space. In this case, a Czech citizen installed a camera system for security purposes in his family home. The camera registered […]

On March 24, 2015, the European Court of Justice (ECJ) heard arguments on case C-362/14. The ECJ is called to decide on whether national judges are “absolutely bound” by a company’s declaration to participate in the Safe Harbor, or whether they could still conduct their own investigations to determine if personal data are protected according […]

On February 20, 2015 the Italian Data Protection Authority (“DPA”) approved the Tax Authority’s technical requirements that allow tax payers to access their pre-filled tax declaration (the s.c. “730” Form) finding no privacy violations in the scheme. The scheme has been drafted by the Italian Tax Authority (Agenzia delle Entrate) in charge of providing the […]

On February 20, 2015, the Italian DPA approved the protocol that the authority will carry out in order to verify Google’s compliance with the requirements set forth with decision 3295641 to protect the privacy of Google’s service users in Italy. The actual content of the approved protocol was not published, but according to the Italian […]

After WP29 issued the guidelines to help authorities to deal with appeals resulting from search engines’ refusal to “de-list” (see here), the Italian Data Protection Authority is facing the challenges of implementing the Costeja case, C-131/12 and its “right to be forgotten”. As of February 2015, the Italian Data Protection Authority received around 10 appeals against search engines refusal to […]

On July 10, 2014, the Italian Data Protection Authority (“DPA”) issued a resolution to protect the privacy of Google’s services users in Italy. According to the decision, Google may not process users’ data for profiling without the subjects’ prior consent; furthermore, Google shall specifically inform the users that it is profiling them for marketing purposes. The […]

On December 8, 2014, the UK Court of Appeal began hearing Google’s appeal against the High Court’s decision which allowed UK data subjects to sue Google Inc. in England for misuse of private information. In brief, at the beginning of 2013, several claimants alleged that Google used cookies to track their browsing activity without their consent. […]