While the Court of Justice of the European Union (CJEU) in its recent judgment Schrems v Data Protection Commissioner (discussed here), does not mention the words “measures of mass surveillance” it states that it is concerned about measures “authoris[ing], on a generalised basis, storage of all the personal data of all the persons”. Continue reading
The International Forum for Responsible Media Blog
Tag: Peep Beep! (Page 2 of 3)
While waiting to discuss with representatives of the European Commission at the first iCLIC Conference this week the implications of its Digital Single Market Strategy for Europe – as well as waiting for the issuing of the Commission’s forthcoming ‘public consultation on the regulatory environment for platforms, online intermediaries, data and cloud computing and the collaborative economy’ about to be published (already leaked by Politico here) – it is worth asking the question again ‘what is an Internet intermediary?’ Or, to use the language of the Commission, ‘what is an “Intermediary Service Provider” (abbreviated ‘ISP’)?’ Continue reading
The French Constitutional Court (Conseil Constitutionnel) issued its decision n°2015-713 DC on the recently adopted Law on intelligence on 23 July 2015. Reading its decision after having read the Davis judgment of the English High Court, one wonders whether legal syllogism has suddenly been replaced by useless tautology. Continue reading
The latest episode of the UK saga “and what do we do with data retention laws” has been issued by the English High Court, with its judgement in the case David Davis and Ors v The Secretary of State for the Home Department [2015] EWHC 2092 (Admin). Continue reading
In its judgement In the matter of an application by JR38 for Judicial Review (Northern Ireland) [2015] UKSC 42, the UK Supreme Court held that the publication of photographs of a minor (just about 14 years old at the time of publication) suspected of involvement in criminal activities did not constitute a breach of his right to respect for his private life protected by Article 8 of the European Convention on Human Rights (ECHR).
On 15 June 2015, the Council of the EU announced that it had agreed a general approach to the draft Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the proposed ‘GDPR’). Continue reading
English privacy law is a slow-evolving story. Most of its principles have developed from case law since the Millennium, yet awards of damages by the courts in compensation for harm suffered as a consequence of privacy infringements (such as for distress and loss of dignity suffered by claimants) have typically been low. Continue reading
On Delfi v Estonia… Is it time to adopt a good-Samaritan style exemption? – Sophie Stalla-Bourdillon
The Grand Chamber of the European Court of Human Rights (ECtHR) recently upheld the decision of the First section in the case Delfi v Estonia, which in 2013 found that holding a news portal liable for the third-party comments posted on its Internet news portal did not amount to a violation of Article 10 of the European Convention on Human Rights (ECHR). Given that we asked in an earlier post whether a passive and neutral intermediary could also be a data controller, it is interesting to have a look at the Delfi case to better grasp what a passive and neutral intermediary is or could be. Continue reading
The decision in Ben Grubb and Telstra Corporation Limited ([2015] AICmr 35) is fascinating. It was issued on 1 May 2015 by Timothy Pilgrim, the Australian Privacy Commissioner – especially in the light of our recent posts, such as this one concerning Internet Service Providers (ISPs) and their roles as mere conduits and/or data controllers, or that one concerning the definitions of metadata. Continue reading
On 6 May 2015, the European Commission published a Communication on a Digital Single Market Strategy for Europe. This sets out various measures to be taken so that “individuals and businesses can seamlessly access and exercise online activities under conditions of fair competition, and a high level of consumer and personal data protection, irrespective of their nationality or place of residence”. One theme considered by the Commission to be central to achieving this vision is maximising the growth potential of the ‘big data’ sector in Europe – with the Commission estimating that it is growing by 40% per year, seven times faster than the IT market. Continue reading
Recent Judgments
© 2026 Inforrm's Blog
Theme by Anders Norén — Up ↑