Category

Data Protection and Privacy

Austria: Probabilities as personal data

January 26, 2021, , , , ,
The Federal Administrative Court of Austria confirmed by its decision of 26 November 2020 the stance of the Austrian Data Protection Authority (“Datenschutzbehörde“) that so-called “party affinity” data may not...
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Germany: Detailed guidance concerning data processing by CCTV

December 22, 2020, , , ,
A court in Germany rendered a decision on 24 September 2020, re-affirming the position of supervisory authorities and courts in Europe that processing of data by CCTV in a public...
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Belgium: Employee’s consent can be a valid ground for processing

December 16, 2020, , , , ,
On 9 November 2020 Belgian Data Protection Authority (“APD“) rendered a decision confirming that the employee’s consent can be a valid ground for processing under certain conditions. The decision by...
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ICO reins in data broker’s collection and use of data

November 18, 2020, , , , , ,
On 27 October 2020, following a two-year investigation, the UK Information Commissioner’s Office (ICO), published its enforcement notice against credit reference agency Experian Limited (Experian). During the investigation process, Experian...
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Effort to place responsibility on the data processor does not impress Garante

November 9, 2020, , , , , , , ,
On 17 September 2020, Italian data protection authority (Garante) rendered two related decisions, one against a hospital in Naples, and the other against an IT company, concerning a data breach which...
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Germany: Data leakage does not automatically justify compensation claim

November 2, 2020, , , , , ,
On 18 September 2020 Regional Court of Frankfurt am Main rendered an interesting judgement which holds, in the main, that data leakage does not on its own evidence controller’s breach...
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Garante: Employers, deactivate e-mail account of the departing employees

October 26, 2020, , , , ,
If employers want to be compliant with GDPR, what should they do with employee’s corporate e-mail account after termination of his employment? Italian supervisory authority’s decision of 2 July 2020,...
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Processing agreements: Copy-pasting from GDPR Art. 28 does not suffice

October 20, 2020, , , ,
Last September, the European Data Protection Board (“EDPB“) issued its Guidelines 07/2020 on the concepts of controller and processor in the GDPR. The guidelines were subject to public consultation until...
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Nowak: Opinions are personal data; access is to data, not documents

October 7, 2020 and , , , ,
The Court of Appeal of Ireland adopted on 1 July 2020 a judgement in a dispute between Peter Nowak and the Irish Data Protection Commissioner, as respondent (“DPC“), at the...
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CNIL imposes a fine on a French online shoe retailer

September 29, 2020, , , , , , ,
The French Data Protection Authority (CNIL) issued on 28 July 2020 a fine of €250,000 against Spartoo, a French company which specializes in selling shoes online. The decision offers rich...
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