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Category Archives for "Court cases"

The GDPR is on its way towards implementation into French law following a constitutional challenge

Following on from the article published on the dataprotection.blog on 24 January 2018 “French GDPR Implementation Bill – for French Data Protection Authority (“CNIL”) it could not come soon enough!”, Charlotte Gerrish provides us with the latest update on the status of the French GDPR Implementation Bill which, after surviving an attack of “unconstitutionality” before the French Constitutional Council, is now on its way into force.

As we stated back in January 2018, the French legislature had been fairly slow in pushing forward with the implementation of the GDPR into French national law. The progress of the Bill had not been without issues. On 16 May 2018, just 9 days before the GDPR was due to come into force, at least 60 French senators referred the Bill to the Constitutional Council claiming that certain provisions were unconstitutional and therefore contrary to French law and public policy (Affaire No. 2018-765 DC).

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Dynamic IP address is personal data, rules CJEU

Yesterday (October 19, 2016) the Court of Justice of the European Union (CJEU) issued its judgment in case Patrick Breyer v. Bundesrepublik Deutschland, in which court recognizes that dynamic IP addresses registered by websites are personal data. CJEU followed the Opinion of the Advocate General delivered earlier this year.

In its decision CJEU concluded that website operators and other online services providers would have the means to identify the website user and that there is reasonable probability that such means be used, e.g. in case of cyber attacks. Therefore dynamic IP addresses shall be considered personal data.

Read press release and full text of judgement.

Teen sues parents for publishing her childhood photos on Facebook

A teenage girl in Austria is suing her parents requiring them to remove her childhood photos from Facebook. She claims that publication of those pictures has intimidated her and violated her privacy.

Girl has repeatedly asked parents to remove her pictures from social network but without success. So she decided to bring the case to court once she turned 18.

Full story

Microsoft on their win aigainst US

Recently Microsoft won a closely-watched case against US Department of Justice on disclosure of European customer data. In that case US court of appeals ruled that US search warrants do not reach our customers’ data stored abroad. In this article Microsoft explains their motivation fighting this case and why they think it’s a big deal.

Full article

Dynamic IP addresses as personal data

 

Question about IP addresses as personal data is bit tricky.

IP address (short for Internet Protocol address) is a unique numerical label assigned to an information technology device (e.g., a computer or smartphone) participating in a network using the Internet Protocol system to identify itself and communicate with other devices. IP addresses can be static or dynamic. Static IP addresses are assigned to device permanently while dynamic IP addresses is reassigned every time every time the device is booted. Today IP addresses are mostly assigned dynamically.

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