A Stored Communications Act (SCA) search warrant case arising out of a New York federal narcotics trafficking investigation is being closely watched by EU data protection authorities, privacy advocates, multinational internet service providers, and law enforcement, among others, as the parties pursue an expedited appeal to the Second Circuit Court of Appeals. Captioned In re Search Warrant, No. 13 Mag. 2814, M9-150, the case involves a U.S. law enforcement request for the contents of an Outlook.com email box,
European Commission Adopts Privacy Reform Package
The European Commission adopted a proposal to reform European privacy law on 25 January 2012. According to the Commission the reform will “strengthen online privacy rights and boost Europe’s digital economy.” Time will tell whether the former is compatible with the latter.
The proposal now moves to the European Parliament and to the Council representing the member state Governments for discussion. Since the first draft leaked in November, a number of amendments have been made to make the proposal less
Compromise on Draft European Data Protection Regulation in Reach
The Directorate General for Justice of the European Commission has in recent weeks worked to overcome criticism from other Directorates on its draft proposal to reform Europe’s privacy law. It now appears possible that the proposal for the reform is back on track for adoption at the Commissioner’s Meeting scheduled for 25 January 2012. From there, the proposal would move into the legislative process, requiring approval by the European Parliament and the national Governments via their representatives in the
European Commission Reconsiders Approach to European Privacy Reform
Viviane Reding, the European Commission Vice President in charge of the reform of the European privacy law, has received negative opinions from a handful of Directorates-General in the European Commission on an internal draft of the General Data Protection Regulation. As a consequence, the draft will not be ready for the official publication that was originally scheduled for the end of January 2012. Instead, Commissioner Reding is said to be working on a communication outlining reconsidered objectives for the
First Draft of European Privacy Reform Leaked to the Public
A recent draft of the new European Data Protection Framework has leaked from the European Commission. It is still subject to internal discussions between the different Commissioners and Directorates-General, but is likely to be reasonably close to the official Commission draft expected to be published by the end of January 2012. According to the draft framework, the European Data Protection Directive (95/46/EC) will be superseded by a new General Data Protection Regulation. In addition, the framework includes a Police
European Court of Justice Enforces Strict Harmonization
The European Court of Justice (ECJ) is challenging national legislators in the European Union who introduced privacy laws stricter than those provided for by the European Data Protection Directive (95/46/EC). In a decision issued on November 24, 2011, the ECJ declared a provision in the Spanish Organic Law 15/1999 invalid because it imposes additional requirements for data processing not contained in the Directive.
The decision supports the plans of the European Commission to enhance harmonization of privacy laws in
The German Implementation of the New European Cookies Rules
On August 3, 2011, the German Parliament received a new Bill from the Federal Council of German States (Bundesrat) proposing a revision of the German Telemedia Act (Telemediengesetz). As part of the revision, the Bill proposes to transform the cookie consent requirement of the revised European E-Privacy Directive. While it is doubtful that the Federal Council Bill will get the necessary votes in Parliament, the initiative forces the German Government to take action.
Initially, the
German Federal Supreme Court Rejects Double-Opt-In
The First Chamber of the German Federal Supreme Court decided on the permissibility of outbound advertising calls on the basis of a so-called “double-opt-in” (judgement dated February 10, 2011 – I ZR 164/09 – Telefonaktion II). The full reasoning of the decision has not been published yet. But the press release already gives important clues as to the Court’s considerations.
A local healthcare insurance company had called consumers whose telephone numbers had been collected in the course of a lottery.
European Parliament to Vote on Behavioural Advertisement
In December 2010, the European Parliament will vote on a Report of Philippe Juvin (EPP, FR) on behavioural advertisement. The Report passed the Internal Market Committee on 8 November 2010 and raises concern over “the routine use of behavioural advertising and the development of intrusive advertising practices”. Juvin suggests to introduce an obligation to mark advertising based on behavioural data and to provide links with further information about the underlying techniques. The criticism expressed by the Report is in line
German Second Chamber Comments on the German HR Privacy Bill
On 5 November 2010, the German Second Chamber (Bundesrat) commented on the Government’s draft for the new HR Privacy Bill. The Government introduced the bill in August in order to create specific rules for the collection and processing of HR data before, during and after an employment relationship. The Bill includes prohibits the use of social networks for research on candidates and sets out specific rules for different types of employee monitoring. The Bundesrat demands from the