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Continue reading →: Section 4. Innovative thinking: Article 8(2) + Article 52(1) = conditions for justification of interference with Article 8(1) Charter
(Section 4 of the Analysis of the AG Opinion in the “PNR Canada” Case: unlocking an “unprecedented and delicate” matter) After establishing that the EU-Canada PNR Agreement allows for a particularly serious interference with the rights to respect for private life and to the protection of personal data, the AG goes…
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Continue reading →: Section 5. The awkward two level necessity test that convinced the AG PNR schemes are acceptable
(Section 5 of the Analysis of the AG Opinion in the “PNR Canada” Case: unlocking an “unprecedented and delicate” matter) After he establishes that the Court should carry out “a strict review of compliance with the requirements resulting from the principle of proportionality, and more particularly, from the adequacy of the…
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Continue reading →: Section 6. The list of reasons why the EU-Canada PNR Agreement is incompatible with the Charter and the Treaty
(Section 6 of the Analysis of the AG Opinion in the “PNR Canada” Case: unlocking an “unprecedented and delicate” matter) AG Mengozzi divides his Conclusions on the compatibility of the EU-Canada PNR Agreement with EU primary law into two lists. The first list contains 11 improvements that can be made…
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Continue reading →: Research finds that ‘surveillance technologies yield neither the secure utopia nor the police state dystopia promised by their supporters’
Science Magazine published a piece today about the recent book by Keith Guzik, a sociologist at the University of Colorado Denver, “Making Things Stick: Surveillance Technologies and Mexico’s War on Crime”. Guzik examines Mexico in order to understand how surveillance technologies impact security policy around the world. We could hardly find…
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Continue reading →: Here’s how Internet’s inventor wants to reinvent it and why this is great news for privacy
Last May I had the chance to meet Prof. Tim Berners-Lee and one of the lead researchers in his team at MIT, Andrei Sambra, when I accompanied Giovanni Buttarelli, the European Data Protection Supervisor, in his visit at MIT. Andrei presented then the SOLID project, and we had the opportunity to…
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Continue reading →: Accessing content of emails – the 2nd Californian Gmail case. A summary and some post scriptum thoughts
Yesterday I stumbled upon the ‘Order denying the motion to dismiss as to the merits of plaintiff’s claims’, issued by the US District Court – Northern District of California on 12 August 2016 in the case of Matera v. Google. The order allows the trial against Google to move forward.…
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Continue reading →: EDPS issues guidelines on how to ensure confidentiality of whistleblowers
The European Data Protection Supervisor issued today (18 July 2016) Guidelines addressed to the EU institutions and bodies on how to deal with whistleblowers in a way that is compliant with the data protection requirements in Regulation 45/2001. The first thing you need to know is that the EU Staff…
