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Category: Data Protection (Page 1 of 29)

Case Law: R (on the application of Bridges) v Chief Constable of South Wales, Police use of “automatic facial recognition technology unlawful – Hugh Tomlinson QC

In the case of R (on the application of Bridges) v Chief Constable of South Wales Police ([2020] EWCA Civ 1058) the Court of Appeal held that the live automated facial recognition technology (“AFR”) used by the South Wales Police Force (“SWP”) was unlawful as it was not “in accordance with law” for the purposes of Article 8 of the ECHR. Continue reading

Schrems II: A brief history, an analysis and the way forward – Shreya Tewari

On 16 July 2020, the European Court of Justice (ECJ) invalidated the EU-US Privacy Shield – a framework that regulated Trans-Atlantic data transfers. Further, even though the court upheld the validity of Standard Contractual Clauses (SCC) – an EU-approved template to safeguard EU citizens’ data-transfer, it put forth important qualifications for data controllers to adhere to when using such SCCs. Continue reading

Data Protection: “You Were Only Supposed to Blow the Bloody Doors Off!”: Schrems II and external transfers of personal data – Lorna Woods

The Court of Justice today handed down the much anticipated ruling on the legality of standard contractual clauses (SCCs) as a mechanism to transfer personal data outside the European Union.  It forms part of Schrems’ campaign to challenge the ‘surveillance capitalism’ model on which many online businesses operate: there are other challenges to the behavioural advertising model ongoing. Continue reading

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