data protection – Tech Notes

Posted in data protection, data retention, privacy

The Slovak Constitutional Court on Risk Profiling and Automated Decision-Making by the Tax Authority

The Slovak Constitutional Court just published its eKasa decision, dealing with the constitutionality of indiscriminate data collection of store receipts and their subsequent re-use for risk profiling of companies. Context Some years ago, the Slovak legislature adopted a law mandating the collection of all store receipts in the country. Every receipt issued by a sole

Should We Centralize the Right to be Forgotten Clearing House?

Being in Silicon Valley during the time when the honourable Court of Justice of the European Union “cracks” its epic right to be forgotten ruling, is a very interesting social experience. Suddenly, the European part of you receives a strange lot of attention among tech folks in all the small talks. No wonder.

Posted in BGH, CJEU, data protection, data scraping, database right, unfair comptetition

BGH: Screen Scraping Does Not Constitute Unfair Competition

German Federal Supreme Court (BGH) is in a new case on meta search engines and screen scraping — Flugvermittlung im Internet, I ZR 224/12 — again proving its superior expertise and better sense of the real world compared to the Court of Justice of the EU. In a case involving notorious litigant Ryaniar who sued

Posted in CJEU, data protection, data retention, EU, privacy

Data Retention Challenge Earns Historical Victory for Privacy

I am sure all of you already know by this time about the epic privacy ruling – Digital Rights Ireland C-293/12 – that the Court of Justice of the EU yesterday handed down. This post won’t be a usual legal analysis on which you are used to. I think that more learned colleagues and experts

Posted in data protection, personal data, privacy, search engines

Some Notes on AG’s Opinion in Google Spain Case

Being in almost summer off-mode, I finally found some time to read AG’s Opinion in Google Spain C-131/12. I was personally quite surprised to find there many references to eCommerce Directive safe harbors and secondary liability in the data protection law. Here are my notes with relevant passages. But let me start with super short

Posted in CJEU, data protection, EU, personal data, personality rights

Does Use of CCTVs to Protect Your Home From Offenders Fall Outside of EU Data Protection Laws?

This is how we could rephrase a new preliminary reference by the Czech Administrative Supreme Court. Journalist and former publisher of local newspapers Mr. Ryneš had persisting problems with unknown offenders who attacked him six times and several times damaged his house. Czech Police never found out who they were. Mr. Ryneš thus decided to

Posted in data protection, data retention, personal data, SK

Data Retention Reached Slovak Constitutional Court

I am very happy to report this case. Its something I and my colleagues at EISi have been working for more than two years. But let our EISi press release speak for itself: The group of Slovak MPs filed the complaint against the data retention before the Slovak Constitutional Court. In its complaint it requests

Posted in CJEU, data protection, EU, search engines

Spanish Court Asks CJEU on Right to Be Forgotten in Search Engine

Huťko´s friend Miquel Peguera reports on his blog that a Spanish court, the Audiencia Nacional, just referred several very interesting questions in regard to application of a right to be forgotten in Google´s search results under the current European data protection laws. CJEU number Google Spain and Google C-131/12. He reports: The issue is in