Court of Justice of the European Union

On January 30, 2018, the UK Court of Appeal ruled that the Data Retention and Investigatory Powers Act (“DRIPA”) was inconsistent with EU law. The judgment, pertaining to the now-expired act, is relevant to current UK surveillance practices and is likely to result in major amendments to the Investigatory Powers Act (“IP Act”), the successor of DRIPA. Continue Reading UK Court of Appeal Rules DRIPA Inconsistent with EU Law

On October 24, 2017, an opinion issued by the EU’s Advocate General Bot (“Bot”) rejected Facebook’s assertion that its EU data processing activities fall solely under the jurisdiction of the Irish Data Protection Commissioner. The non-binding opinion was issued in relation to the CJEU case C-210/16, under which the German courts sought to clarify whether the data protection authority (“DPA”) in the German state of Schleswig-Holstein could take action against Facebook with respect to its use of web tracking technologies on a German education provider’s fan page without first providing notice. Continue Reading Advocate General Rejects Facebook’s Claim of Sole Irish Jurisdiction in EU

On July 26, 2017, the Court of Justice of the European Union (“CJEU”) declared that the envisaged EU-Canada agreement on the transfer of Passenger Name Records (“PNR Agreement”) interferes with the fundamental right to respect for private life and the right to the protection of personal data and is therefore incompatible with EU law in its current form. This marks the first instance where the CJEU has been asked to rule on the compatibility of a draft international agreement with the European Charter of Fundamental Human Rights. Continue Reading CJEU Declares Envisaged EU-Canada Data Transfer Agreement Incompatible with EU Law