Criminal defendants don’t have an absolute right to have their data omitted from published decisions, Italian Supreme Court held

Posted on by Federica Romanelli
On February 15, 2017, the Corte di Cassazione, the Italian Supreme Court, refused to hold that every criminal defendant has a right to have his or her personal data deleted from a published decision. The court must evaluate each case to determine if it is appropriate to omit certain personal data. The Supreme Court clarified the terms under which a criminal defendant has a right to demand the anonymization of the published decision. Article 52 of Legislative Decree 196/2003, the Italian Read more [...]

Consent to data processing should not be consideration for a free service, EDPS says

Posted on by Federica Romanelli
On March 14, 2017, the European Data Protection Supervisor (EDPS) released Opinion 4/2017 on the 2015 Proposal for a Directive (1) on certain aspects concerning contracts for the supply of digital content  (1) on certain aspects concerning contracts for the supply of digital content and  (2) on certain aspects concerning contracts for the online and other distance sales of goods goods. See legislative proposals. The two proposals have the common objective to remove obstacles to cross-border Read more [...]

LIBE votes Privacy Shield still inadequate

Posted on by Federica Romanelli
On March 23, 2017, the European Parliament’s Civil Liberties, Justice, and Home Affairs Committee (LIBE Committee) voted (29 to 25, with one abstention) in favor of a resolution declaring that the Privacy Shield is inadequate and still has key deficiencies that urgently need to be resolved. Among the identified deficiencies, LIBE pointed out the followings: the lack of specific rules on automated decision-making or the general right to object, and the lack of clear principles on how the Privacy Read more [...]

Update on the conclusion of the proceeding before the Irish High Court deciding whether to ask the ECJ to issue preliminary ruling on Model Clauses

Posted on by Federica Romanelli
The hearing before the Irish High Court brought by the Irish Data Protection Authority (DPA) against Facebook Ireland Ltd and Mr Schrems over EU-US data transfers concluded on 15 March 2017 after approximately 5 and a half weeks. More information on the case is available here. According to the DPA, legal submissions were made on behalf of: (i) each of the parties, (the DPA, Facebook and Mr Schrems); and (ii) each of the amici curiae (BSA, Digital Europe, EPIC and the US Government). The Court Read more [...]

ECJ confirms that Dynamic IP addresses are personal data if additional information allowing identification of users can reasonably be obtained from third parties

Posted on by Federica Romanelli
On October 19, 2016, the European Court of Justice (“ECJ”) presented its conclusions in Patrick Breyer v. Bundesrepublik Deutschland (case C‑582/14). According to the ECJ The dynamic internet protocol address of a visitor constitutes personal data, with respect to the operator of the website, if that operator has the legal means allowing it to identify the visitor concerned with additional information about him which is held by the internet access provider. Mr. Breyer filed for an Read more [...]