Acontextual and Ineffective? Reviewing the GDPR Two Years On – David Erdos

5 05 2020

The General Data Protection Regulation (GDPR) 2016/679’s attempt to craft a common human rights approach to especially digitized natural person information and from that enable the free flow of such information across Europe is deeply admirable. Read the rest of this entry »





European Data Protection Law: From “Plato” to “Nato” – David Erdos

9 04 2020

Even though European data protection attempts to craft a harmonized approach to some of the pressing and unwieldy issues in contemporary digital reality, there is much more than is commonly recognised to learn from the different experiences of European countries not only currently but across the whole sweep of this framework’s history. Read the rest of this entry »





Life in the time of CoronaVirus #1: Democracy, Data and Saving Lives – Valerie Eliot Smith

27 03 2020

Planet Earth is currently in the grip of a pandemic, the disease COVID-19, more commonly known as CoronaVirus. The ongoing emergency is creating – and will continue to create – events which are without precedent in modern times. Read the rest of this entry »





Disinformation, data verification and social media – Ben Wagner and Lubos Kuklis

16 01 2020

What you don’t know can’t hurt you: this seems to be the current approach for responding to disinformation by public regulators across the world. Nobody is able to say with any degree of certainty what is actually going on. Read the rest of this entry »





Ireland: Damages for Data Protection Breaches 2, Why Murphy v Callinan is wrong – Eoin O’Dell

20 12 2019

In my previous post in this series, I argued (yet again) that Collins v FBD Insurance plc [2013] IEHC 137 (14 March 2013) was wrongly decided. It precludes a claim for damages for distress for breach of data protection rights, pursuant to section 7 of the Data Protection Act, 1988 (also here) [hereafter: section 7 DPA88]. Read the rest of this entry »





Ireland: Damages for Data Protection Breaches, 1: Why Collins v FBD Insurance is wrong (again) – Eoin O’Dell

19 12 2019

A story in the newspapers this morning has made me think once again about some of the weaknesses in Irish law relating to damages for data protection infringements. Read the rest of this entry »





What you need to know about privacy policies – Suneet Sharma

8 12 2019

Sites you visit, applications you use and services you take all have privacy policies – but what are they and why are they important, despite many people just check boxing them? Read the rest of this entry »





Territorial scope in recent CJEU cases: Google v CNIL / Glawischnig-Piesczek v Facebook – Cathryn Hopkins

9 11 2019

The Court of Justice of the European Union (the “CJEU”) has handed down a few intermediary-related judgments since September alone, and two are considered below. Although one relates to the E-Commerce Directive (the “ECD”) and the other to the Data Protection Direction (the “DPD”)/GDPR, a comparison of the judgments shows an apparently inconsistent approach of the CJEU to the territorial reach of injunctions against internet intermediaries. Read the rest of this entry »





News: Stunt v Associated Newspapers, Data Protection reference to CJEU withdrawn

30 10 2019

On 29 October 2019 the Court of Appeal (Etherton MR, Sharp P and McFarlane P) made an order withdrawing the reference to the CJEU in the case of Stunt v Associated Newspapers ([2018] EWCA Civ 1780) . Read the rest of this entry »





ECJ confirms territorial limitations of ‘the right to be forgotten’ – Iain Wilson and Elisabeth Mason

3 10 2019

On 24 September 2019, whilst the country was focused on the United Kingdom Supreme Court as it ruled that the prorogation of the UK parliament was unlawful, the Court of Justice of the European Union (CJEU or ECJ), handed down judgment in Google LLC, successor in law to Google Inc. v Commission nationale de l’informatique et des libertés (CNIL), C‑507/17, effectively a sequel to the landmark data protection ‘Google Spain’ decision in May 2014. Read the rest of this entry »