The IAPP Newsletter informs today that in separate rulings this past week, the European Court of Justice has determined two key issues related to data protection. In the SCARLET EXTENDED (BELGACOM GROUP) v SABAM case, which dates back to 2004, the European Court of Justice found that a requirement for a Belgian ISP to install a general filtering system was prohibited by Article 15(1) of the E-Commerce Directive. Meanwhile, as Bird & Bird Partner Ariane Mole writes in this Daily Dashboard exclusive, a November 24 decision by the court found “Spain had not transposed correctly the provisions concerning the balance of interests of EC Directive 95/46 on personal data protection and that consequently Spanish law is in breach of Article 7(f) of the directive.” The decisions are expected to have significant impacts, according to experts.
- Exam scripts and examiner’s corrections are personal data of the exam candidate (AG Kokott Opinion in Nowak)
- Highlights of the draft LIBE report on the ePrivacy Reg
- Summary of the Opinion of AG Kokott in Puškár (on effective judicial remedies and lawful grounds for processing other than consent)
- Door-to-door gathering of data by religious group goes to the CJEU
- CNIL publishes GDPR compliance toolkit
- CJEU in Manni: data subjects do not have the right to obtain erasure from the Companies Register, but they do have the right to object
- The right to be forgotten goes back to the CJEU (with Google, CNIL, sensitive data, freedom of speech)
- CJEU case to follow: purpose limitation, processing sensitive data, non-material damage
- Will the ePrivacy Regulation overshadow the GDPR in the age of IoT?
- WP29 published its 2017 priorities for GDPR guidance
Tags rouletteAG Mengozzi Article 8 Charter article 29 working party big data CJEU cloud computing CNIL data portability data protection Data Protection Directive data protection laws data protection officer data protection reform data protection regulation data retention directive 95/46 directive 95/46/EC EDPS European Commission European Data Protection Supervisor European Parliament Gabriela Zanfir GDPR Google personal data PNR privacy right to be forgotten Surveillance technology Viviane Reding
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