Court of Justice of the European Union

On September 24, 2019, the Court of Justice of the European Union released its judgments in cases C-507/17, Google v. CNIL and C-136/17, G.C. and Others v. CNIL regarding (1) the territorial scope of the right to be forgotten, and (2) the conditions in which individuals may exercise the right to be forgotten in relation to links to web pages containing sensitive data.
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On January 10, 2019, Advocate General Szpunar of the Court of Justice of the European Union issued an Opinion in the case of Google v. CNIL, which is currently pending before the CJEU. In its Opinion, the Advocate General provided his views concerning the territorial scope of the right to be forgotten under the EU Data Protection Directive.
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On July 31, 2018, the Supreme Court of Ireland granted Facebook, Inc.’s leave to appeal a lower court’s ruling sending a privacy case to the Court of Justice of the European Union. In granting Facebook leave to appeal, the Supreme Court noted that “[i]t is in the interest of justice” that the Court hear its arguments. The hearing will take place within the next five months.
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On October 24, 2017, an opinion issued by the EU’s Advocate General Bot rejected Facebook’s assertion that its EU data processing activities fall solely under the jurisdiction of the Irish Data Protection Commissioner. The opinion relates to the CJEU case C-210/16, under which the German courts sought to clarify whether the DPA in the German state of Schleswig-Holstein could take action against Facebook regarding its use of web tracking technologies on a German education provider’s fan page without first providing notice.
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On July 26, 2017, the Court of Justice of the European Union declared that the envisaged EU-Canada agreement on the transfer of passenger name records 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.
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