Artificial intelligence: the action plan of the CNIL
The main thing is: The CNIL has been undertaking work for several years to anticipate and respond to the issues raised by AI. In 2023, it will extend its action on augmented…
Data protection and digital regulation developments, collected automatically from 17+ sources.
Get this as an email digestThe main thing is: The CNIL has been undertaking work for several years to anticipate and respond to the issues raised by AI. In 2023, it will extend its action on augmented…
> Procurement. Claim for damages against contracting authority. Reliance on estoppel succeeds. Plaintiff did not challenge the award decision in interlocutory proceedings within…
Request for Release of Source Code. Usage Fees. Unlawful Removal of Source Code?
> Claim for release of source code. Use fee. Unlawful removal of source code? (Machine translated)
The harmful consequences of so-called artificial intelligence are real and current, and are the result of the actions of individuals and companies deploying automated systems.…
> The harms from so-called AI are real and present and follow from the acts of people and corporations deploying automated systems. Regulatory efforts should focus on…
Termination of employment due to a disrupted working relationship, serious fault on the part of the employer resulting from insufficient support during the first attempt at…
> Dissolution because of a disturbed employment relationship, serious culpability of the employer because of insufficient reintegration in the first track and justified complaints…
On December 1, 2020, a cyberattack occurred at the municipality, during which the municipality's network and backup systems were encrypted and rendered inaccessible, and many…
> On December 1, 2020, a cyber attack took place at the municipality, encrypting and making inaccessible the municipality's network and backup systems and deleting many virtual…
Background information CLEARVIEW AI collects photographs from a wide range of websites, including social networks, and sells access to its database of images of people through a…
The Austrian data protection authority has decided: Clearview AI, the company that sells facial recognition software to law enforcement agencies in the U.S. is no longer allowed…
Background information CLEARVIEW AI collects photos from a wide range of websites, including social networks, and sells access to its database of images of individuals via a…
, contrary to national courts. Today, the Court of Justice of the European Union (CJEU) issued the first judgment on emotional damages under the GDPR, confirming that the GDPR…
noyb wins at the CJEU: Right to information must include context - in some cases also documents and database excerpts Yesterday, the Court of Justice of the European Union (CJEU)…
Camera surveillance of harmful emissions at Tata Steel’s processing plant is not illegal. The surveillance in question is effective and not targeted at individuals. The likelihood…
Camera surveillance of harmful emissions at Tata Steel's cooking plant is not unlawful. Spoken of effective surveillance that is not directed at individuals. Very low likelihood…
Cassation in the interest of the law. Public nature of civil proceedings. Are courts obliged to provide third parties with information regarding civil proceedings that are ongoing…
Cassation in the interest of the law. Disclosure of civil proceedings. Are courts required to disclose to others than parties information about civil proceedings that are or have…
Following the implementation of the EU Whistleblower Directive in 2021, companies’ data protection officers were tasked with establishing secure reporting channels. Since these…
> Following the implementation of the EU Whistleblower Directive in 2021, companies' data protection officers were tasked with setting up secure reporting channels. As these data…
Judgment drafted by: Diederik Stols, Hanna van Til, and Otto Volgenant, Boekx Advocaten. Amsterdam District Court, April 12, 2023, IEF 21357; ECLI:NL:RBAMS:2023:2192 (EOKM v.…
Judgment submitted by: Diederik Stols, Hanna van Til, and Otto Volgenant, Boekx AdvocatenRb. Amsterdam April 12, 2023, IEF 21357; ECLI:NL:RBAMS:2023:2192 (EOKM v. Hammy Media) The…
Pornographic websites must demonstrate that persons who are identifiable in images that have not been professionally produced have given their consent for the disclosure of their…
Porn website must be able to prove that individuals who are recognizable in images in non-professionally created footage have given their consent to disclosure.
Cookie Banners "Pay or Okay" - the beginning of the end? "PUR Abo" on derStandard.at illegal according to Austrian DPA After the GDPR came into force, the Austrian daily newspaper…
Request from Uber drivers to Uber for information under Article 15(1)(h) AVG (information about the existence of automated decision-making within the meaning of Article 22 AVG)…
ECJ EU, March 30, 2023, IT 4246; ECLI:EU:C:2023:270 (Main Staff Council of Teachers at the Hessian Ministry of Education v. Minister of the Hessian Ministry of Education). The…
ECJ EU March 30, 2023, IT 4246; ECLI:EU:C:2023:270 (Hauptpersonalrat der Lehrerinnen und Lehrer beim Hessischen Kultusministerium v. Minister des Hessischen Kultusministeriums)…
Request by drivers to Ola Netherlands BV for access as referred to in Article 15 (1) AVG to certain personal data concerning them (including "ratings" given by passengers) and for…
Request by Uber drivers to Uber for access to certain personal data relating to them (including "ratings" provided by passengers), as referred to in Article 15(1) GDPR, and for…
Request from Uber drivers to Uber for access as referred to in Article 15 (1) AVG to certain personal data concerning them (including "ratings" given by passengers) and for…
Request from Uber drivers to Uber for information pursuant to Article 15(1)(h) GDPR (information on the existence of automated decision-making within the meaning of Article 22…
The Netherlands Court of Audit has sent a letter to the House of Representatives highlighting bottlenecks in the implementation of the General Data Protection Regulation (GDPR) in…
The Court of Audit has sent a letter to the House of Representatives pointing out obstacles in the implementation of the General Data Protection Regulation (AVG) in the…
Among other things, the plaintiff seeks to have an entry removed from the SFH’s (an organization) registry of fraud cases—an entry that was added by the defendant (a mortgage…
Among other things, plaintiff seeks reversal of a listing on the SFH's fraud register by defendant (a mortgage lender) for fictitious employment. The court held that the defendant…
> No nonsense, just an opt-out: a free tool from noyb allowing you to object to Facebook quickly and easily! Use the noyb tool to opt out of targeted advertising and various other…
> No bullsh*t opt-out: free noyb tool for quick and broad Facebook objections! Use the noyb tool to opt out of targeted advertising and various other claimed 'legitimate…
Forced Consent & Consent Bypass No bullsh*t opt-out: Free noyb tool for quick and broad Facebook objections is now online! As reported last week, Meta switched the legal basis for…
Forced Consent & Consent Bypass Meta (Facebook, Instagram) switching to "Legitimate Interest" for ads after noyb win. noyb will take immediate action to stop this illegal practice…
> The growth of generative artificial intelligence systems has led EU lawmakers to focus on General Purpose AI in drafting the AI Act, which will set the framework governing…
Interim judgment, right of access pursuant to Article 15 GDPR, applicability of Article 843a of the Civil Code.
Interlocutory judgment, right of inspection pursuant to art 15 AVG, applicability of art 843a Rv.
> Thirteen non-EU countries sometimes accept “social media profiles and phone contacts” as evidence of identity for the purpose of deportations, according to an internal European…
> Read through the most interesting developments at the intersection of human rights and technology from the Netherlands. This is the second update in this series.
> The CSA Regulation, proposed by European Commissioner Ylva Johansson, could undermine the trust we have in secure and confidential processes like sending work emails,…
> Personal data protection and whistleblowing are two different topics — different regulations with different purposes, scope and requirements. But, in fact, they are closer than…
Blog Post 15/2023: The obligation of national courts to request a preliminary ruling from the Court of Justice of the European Union (CJEU) is a topic that has long been debated.…
> Blogpost 15/2023 The obligation of national courts to seek preliminary reference from the Court of Justice of the EU (CJEU) is a long-debated topic. In EU law, it is framed as…
The member states of the European Union have reached a common position on the proposed Data Regulation, allowing negotiations on the final version of the proposed legislation to…
> EU member states reached a common position on the proposed Data Act, enabling negotiations on the final version of the proposed legislation to begin among the Council of the…
Credit Scoring The frequently criticized credit referencing agency CRIF GmbH has collected addresses, dates of birth and names of almost all Austrians in order to calculate…
> Norway's data protection authority, the Datatilsynet, fined U.S.-based Argon Medical Devices 2.5 million kroner for failing to report a July 2021 data breach within the 72-hour…
District Court of North Holland, February 15, 2023, IT 4241; ECLI:NL:RBNHO:2023:2471 (Pit v. OfficeGrip Holding et al.) This case addresses the question of whether a new provider…
District Court of North Holland February 15, 2023, IT 4241; ECLI:NL:RBNHO:2023:2471 (Pit v. OfficeGrip Holding c.s.) This case deals with the question of whether a new ICT…
The Norwegian Data Protection Authority, Datatilsynet, has fined the U.S. company Argon Medical Devices 2.5 million Norwegian kroner for failing to report a data breach that…
Political Microtargeting, Manipulation & Tracking Today, noyb filed a series of complaints against several German political parties. The parties had used microtargeting on…
Contradictory decision from the Austrian Federal Administrative Court (BVwG): Cell phone traffic and location data are particularly sensitive data that require additional…
Data Transfers Austrian DSB: Meta Tracking Tools Illegal In a groundbreaking decision in one of noybs 101 complaints, the Austrian Data Protection Authority (DSB) has decided that…
Collective action against three companies of the Facebook group under Art. 3:305a BW (old). Processing personal data for advertising purposes without a basis as referred to in the…
Class-action lawsuit against three companies that are part of the Facebook group, based on Article 3:305a of the Civil Code (old). Processing of personal data for advertising…
BfDI Presents Its 31st Annual Report
Zeeland-West-Brabant District Court, March 3, 2023, IT 4234; ECLI:NL:RBZWB:2023:1459 (Plaintiff v. Minister of Defense). Administrative law. The plaintiff filed a request to…
Zeeland-West Brabant District Court March 03, 2023, IT 4234; ECLI:NL:RBZWB:2023:1459 (Claimant v. Minister of Defense) Administrative Law. The plaintiff filed a request for access…
Interlocutory appeal. The request to remove the BKR registration was denied. The five-year period has only just begun (November 2022). There is insufficient evidence to…
Fair compensation following the dissolution of the employment contract by the court. The court ruled that the employer had seriously failed by severely violating the employee's…
Fair compensation after dissolution by subdistrict court. The court held that the employer had acted seriously culpable by seriously violating the employee's privacy, not being…
Interlocutory appeal. Removal of BKR registration rejected. Five-year term only just started (November 2022). For lack of substantiation, cannot establish that debts were actually…
Court of Appeal, 3 February 2023, IT 4226; ECLI:NL:GHDHA:2023:306 (Veilig Thuis v. the petitioner). In this case, a man requested the deletion of his personal data processed by…
Hague Court of Appeal February 3, 2023, IT 4226; ECLI:NL:GHDHA:2023:306 (Veilig Thuis v. the respondent) In this case, a man requested the deletion of his personal data processed…
Request for destruction of Safe Home files; admissibility; right to erasure of personal data under the AVG and Wmo
Request to destroy Safe Home’s records; admissibility; right to erasure of personal data under the GDPR and the Wmo.
Today, noyb filed a series of complaints against websites and data brokers that did not correctly address access requests using cookies as an authentication factor. The companies…
The Spanish data protection authority, the Agencia Española de Protección de Datos, has published guidelines on data anonymization. These guidelines state that a trained…
> Spain’s data protection authority, the Agencia Española de Protección de Datos, published guidance for anonymizing data. The guidance called for a trained professional to handle…
Personal data protection. Request for removal of search results from the Google Search search engine: the right to be forgotten. Articles 17 and 21 General Data Protection…
Neighbor dispute. A request to remove a fence has been approved. Violation of property rights and an easement for pedestrians and a crosswalk. An appeal challenging the statute of…
Neighbor dispute. Claim to remove fence granted. Infringement of property right and easement of foot and crosswalk. Appeal of statute of limitations fails. Claim to remove cameras…
Protection of personal data. Request for the removal of search results from the Google search engine: the right to be forgotten. Articles 17 and 21 of the General Data Protection…
> The First-Tier Tribunal overturned portions of a 2020 enforcement notice by the U.K. Information Commissioner's Office against Experian, confirming the company's reliance on…
The First-tier Tribunal has annulled parts of a 2020 enforcement decision by the UK Information Commissioner's Office (ICO) against Experian. It was confirmed therein that the…
Meta plans to amend its terms of service and privacy policies for users in the United Kingdom, Bloomberg reports. Facebook, Instagram, and WhatsApp users in the United Kingdom…
> Meta plans to change its terms of service and privacy notices for U.K. users, Bloomberg reports. U.K. Facebook, Instagram and WhatsApp users will retain data rights under the…
Anonymizing the defendant's name in a judgment, GDPR (General Data Protection Regulation), invasion of privacy, non-pecuniary damages.
anonymizing defendant's name in judgment, GDPR, invasion of privacy, intangible damages
21 Aw: The portrait, which was not commissioned, is being used. Is the publication of the portrait prohibited because it conflicts with a legitimate interest of the person…
21 Aw: portrait, which was not commissioned, is used. Is publication of the portrait not permitted because a reasonable interest of the person portrayed opposes it? No consent…
Credit Scoring Credit agency prohibited from collecting data via access requests and civil registries Two years ago, noyb filed a GDPR complaint against credit data broker KSV…
European Data Protection Day on 28 January commemorates the signing of the first pan-European data protection framework (Convention108) in 1981. Today, 42 years later, the GDPR is…
The Spanish Courts annulled a past decision by the Spanish DPA (AEPD). The AEPD had previously argued that Virgin telco, a telecommunications provider, had lawfully denied its…
Cookie Banners A task force within the European Data Protection Board (EDPB) issued a draft report in reaction to noyb's 700+ cookie banner complaints. The European Data…
WhatsApp faces € 5.5 million fine, as DPC limits the scope of the case against WhatsApp and rejects the EDPB request to investigate matters like data sharing within Meta. As…
Forced Consent & Consent Bypass Irish Data Protection Authority gives € 3.97 billion present to Meta? Authority allegedly unable to take financial benefit from Meta's GDPR…
Forced Consent & Consent Bypass The Irish DPC issued its final decision on Meta's illegal processing of user data for personal advertising. Here is a download link and a first…
Forced Consent & Consent Bypass BREAKING: Meta (Facebook and Instagram) prohibited from using personal data for advertisement. Major blow to Meta's business model in Europe,…
Data Transfers Statement on US Adequacy Decision by the European Commission Today, the European Commission issued a new adequacy decision replacing the"Privacy Shield" decision,…
Forced Consent & Consent Bypass noyb complaints: Meta's business model declared illegal in the EU according to WSJ. Facebook, Instagram and WhatsApp can no longer run personalized…
Since May 2018, the GDPR has been directly applicable in the European Economic Area, including the member states of the European Union, Liechtenstein, Norway, and Iceland. Four…
Forced Consent & Consent Bypass GDPR Rights in Sweden: Court confirms that authority must investigate complaints. So far, the Swedish IMY has taken the view that users don’t have…
The Spanish data protection authority, the Agencia Española de Protección de Datos, has developed a tool to help organizations determine whether they need to notify a data…
> Spain’s data protection authority, the Agencia Española de Protección de Datos, created a tool designed to help organizations determine whether to notify a data protection…
The purpose limitation principle does not preclude a controller from capturing and storing in a test database established for testing and error correction purposes personal data…
Algorithmic decision-making is having an increasing impact on people’s daily lives. Since such autonomous systems can cause serious harm to individuals and social groups, concerns…
> Algorithmic decision-making increasingly shapes people's daily lives. Given that such autonomous systems can cause severe harm to individuals and social groups, fairness…
In the case 'Vyriausioji Tarnybinės Etikos Komisija', the Court of Justice of the European Union (CJEU) established that the name of the spouse, life partner, or partner of a…
In 'Vyriausioji Tarnybinės Etikos Komisija' the CJEU held that the name of civil servants' spouse, cohabitant or partner and of the subject of their transactions (indirectly…
The Danish Data Protection Authority (DPA) found that the law firm did not have the necessary security measures in place, especially given that the firm handled special categories…
The Digital Services Act was published in the Official Journal of the European Union on October 27. The DSA, which harmonizes the conditions for the provision of intermediary…
> The Digital Services Act was published in the Official Journal of the European Union Oct. 27. The DSA, which harmonizes conditions for the provision of intermediary services and…
Automated personalization in consumer insurance contracts is not yet a reality in Europe, but mass customization and robotization of insurance contracts are a growing problem,…
This article discusses the importance of privacy in the context of the recent Supreme Court ruling on abortion in the United States. The ruling has led to the potential for…
Automated personalization in consumer insurance contracts is not yet a reality in Europe, but the mass customization and automation of insurance contracts are becoming an…
Cookie Banners Where did all the “reject” buttons come from?! More and more websites have added an option to say “no” to cookies and other tracking- as foreseen by the GDPR. Where…
GreenbergTraurig has assessed the scope of the US CLOUD Act on commission by the Dutch government. The CLOUD Act applies to EU entities that process data outside of the US, even…
There is a broad consensus that algorithmic systems should primarily be approached from the perspective of indirect discrimination and their impact, but researchers argue that…
There is a broad consensus that algorithmic systems should be approached principally through the lens of indirect discrimination and their impact, but researchers argue that this…
At the request of the Dutch government, GreenbergTraurig assessed the scope of the U.S. CLOUD Act. The CLOUD Act applies to EU organizations that process data outside the United…
The law can play an important role in ensuring trust in organizations that use news personalization. Measures for oversight and transparency are crucial to ensuring that…