PRIVACY

On July 12, 2018, the German federal court (Bundesgerichtshof, BGH) overturned the judgment of the Berlin’s highest state court (Kammergerichts), which had denied the parents’ access to their daughter’s Facebook account. The case involved a mother trying to access the deceased 15-year-old daughter’s Facebook account in order to understand the cause of death. With its judgment the BGH entitles the heirs to whatever is left on the web by the decedent. As  a contract, the user agreement Read more [...]

CJEU: in the references for preliminary rulings the national judge must anonymise the data   On July 20, 2018, the Official Journal of the European Union (C 257/1) published a document in which the European Court of Justice (“ECJ”) clarifies to national courts and tribunals the essential characteristics of the preliminary ruling procedure and the factors to be taken into account before submitting questions to the the ECJ for a preliminary ruling. In particular, the ECJ highlights Read more [...]

On August 14, 2018, the Brazilian president signed the Lei Geral de Proteção de Dados Pessoais (LGPD) into law. The LGPD is a comprehensive data privacy regulation, which has many similarities with the GDPR, such as for example its ample scope of application, which includes processing activities conducted wholly outside of Brazil, but affecting or targeting Brazilian citizens. Similarly to the GDPR – which for some violations provides for fines “up to 10,000,000 EUR, or up to 2 % of the Read more [...]

On June 28, 2018, the Garante per la Protezione dei Dati Personali, Italy’s Data Protection Authority (DPA), rendered a decision reminding that privacy must be protected from the design phase of a product or service. With its decision, the Italian DPA prohibited the processing of data to the company that installed the geo-localization system on its vehicles. It also ordered the service provider to incorporate the "right to privacy" directly into the product functionalities, following the principle Read more [...]