On December 19, 2019, ECJ’s Advocate General (“AG”)Saugmandsgaard Øe delivered his opinion in case Case C‑311/18. In particular, the AG notes that the request for a preliminary ruling submitted by the High Court of Ireland (‘the High Court’) relates to one of the forms that the “appropriate safeguards” may take: a contract between the exporter and the importer […]
Opining in a case in which the ECJ is asked to interpret Directive on privacy and electronic communications to activities relating to national security and combatting terrorism on four references for a preliminary ruling [1] the Advocate General Campos Sánchez-Bordona clarifies the means and methods of combating terrorism must be compatible with the requirements of […]
On Nov 8, 2019 also the Spanish DPA (Agencia espanola de proteccion de datos – AEPD) issued a guidance on cookies. The guidance (“Guia Sobre el Uso del las Cookies”, “Guia”) applies to cookies and other technologies. After an introduction, the Guia consists of 4 sections:1. ALCANCE DE LAS NORMAS (scope); 2 TERMINOLOGÍA Y DEFINICIONES […]
On November 12 and 13, 2019, the European Data Protection Board (EDPB) met in its fifteenth plenary session. The EDPB discussed important topics. Adoption of EU-US Privacy Shield Third Annual Review Report. After the Third Annual Joint Review of the Shield, the EDPB adopted its report. The EDPB appreciates the improvements by the US Authorities[i] […]
The Personal Data Protection Bill has been listed to be tabled in the Winter Session of the Indian Parliament which will begin on November 18, as published on Lok Sabha website. This Bill applies to the processing of consumer data by corporate entities. The businesses will be required to obtain consent from consumers to use […]
On November 7, 2019, the European Data Protection Supervisor (EDPS) [i] issued the Guidelines on the concepts of controller, processor and joint controllership under Regulation (EU) 2018/1725 (“Guidelines”). As a background, Regulation (EU) 2018/1725[ii] (“Regulation”) applies to the processing of personal data by the Union institutions, bodies, offices and agencies. The Guidelines aim at providing […]
This guidance aims at helping controllers “to decide when to rely on legitimate interests as … basis for processing personal data and when to look at alternatives.” The entire Guidance is helpful but particularly helpful are the sections: “Are there cases when legitimate interests is likely to apply?” The GDPR highlights some processing activities where […]
On October 31, 2019, the UK Data Protection Authority, the Information Commissioner Officer (ICO), published an opinion on live facial recognition (“LFR”) by enforcement authorities: The use of live facial recognition technology by law enforcement in public places (“Opinion”) The ICO points out that a statutory and binding code of practice issued by government, modelled on […]
On October 2, 2019, the UK Court of Appeal unanimously overturned a block on a “class-action” lawsuit (technically a “collective action”) brought by a veteran on behalf of millions iPhone users against Google for the latter’s use of “Safari Workaround” . Now the case can be heard. The lawsuit alleges that Google secretly tracked some […]
On October 8th and 9th, 2019, the European Data Protection Board (“EDPB“), which is the EU body in charge of the application of the General Data Protection Regulation (“GDPR) and consists of a representative of each EU DPA and of the European Data Protection Supervisor (EDPS), met for its fourteenth plenary session and: – adopted the final […]