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Continue reading →: Exam scripts and examiner’s corrections are personal data of the exam candidate (AG Kokott Opinion in Nowak)
AG Kokott delivered her Opinion on 20 July in Case C-434/16 Nowak v Data Protection Commissioner, concluding that “a handwritten examination script capable of being ascribed to an examination candidate, including any corrections made by examiners that it may contain, constitutes personal data within the meaning of Article 2(a) of Directive…
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Continue reading →: Highlights of the draft LIBE report on the ePrivacy Reg
The draft Report prepared by MEP Marju Lauristin for the LIBE Committee containing amendments to the ePrivacy Regulation was published last week on the website of the European Parliament. The MEP announced she will be presenting the Report to her colleagues in the LIBE Committee on 21 June. The draft…
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Continue reading →: Door-to-door gathering of data by religious group goes to the CJEU
Non-automated processing | Filing system | Household Exemption | Controller | Religious community The Court of Justice of the EU received questions for a preliminary ruling from Finland regarding the practice of a religious group (Jehova’s Witnesses) to gather and record data after door-to-door visits, without informing the concerned individuals…
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Continue reading →: 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
by Gabriela Zanfir-Fortuna The recent judgment of the CJEU in Case C-398/15 Manni (9 March 2017) brings a couple of significant points to the EU data protection case-law: Clarifies that an individual seeking to limit the access to his/her personal data published in a Companies Register does not have the right…
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Continue reading →: The right to be forgotten goes back to the CJEU (with Google, CNIL, sensitive data, freedom of speech)
The Conseil d’Etat announced today that it referred several questions to the Court of Justice of the EU concerning the interpretation of the right to be forgotten, pursuant to Directive 95/46 and following the CJEU’s landmark decision in the Google v Spain case. The questions were raised within proceedings involving the application of…
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Continue reading →: CJEU case to follow: purpose limitation, processing sensitive data, non-material damage
A new case received by the General Court of the CJEU was published in the Official Journal of the EU in February, Case T-881/16 HJ v EMA. A British citizen seeks to engage the non-contractual liability of the European Medicines Agency for breaching data protection law. The applicant claims that “the documents…
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Continue reading →: Will the ePrivacy Regulation overshadow the GDPR in the age of IoT?
by Gabriela Zanfir-Fortuna The ePrivacy draft regulation, published by the European Commission on Jan. 10, updates and upgrades Directive 2002/58/EC (the “ePrivacy directive”), the source of the infamous “cookies banner.” Under its official name – Proposal for a Regulation Concerning the Respect for Private Life and the Protection of Personal…
