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. Continue reading
The International Forum for Responsible Media Blog
Category: EU (Page 4 of 19)
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]. Continue reading
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. Continue reading
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? Continue reading
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. Continue reading
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) . Continue reading
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. Continue reading
Following on from the Advocate General Opinions published on 10 January (which I wrote about here), yesterday the Court of Justice released its decisions in two cases concerning internet search engines and the right to be forgotten. Continue reading
What sort of grounds of challenge can be run on an appeal against a monetary penalty notice issued by the Information Commissioner? Where the Tribunal has a full merits jurisdiction, is there scope for grounds of challenge relating to the process by which the MPN was reached? Continue reading
British Airways (BA) has received a record fine of £183m after details of around 500,000 of its customers were stolen in a data breach in summer 2018. The fine was possible thanks to new rules introduced last year by the EU’s General Data Protection Regulation (GDPR), which gave the British regulator powers to impose much larger penalties on companies that fail to protect their customers’ data. Continue reading
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