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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: european court of justice

Posted in International/EU Privacy

Interview with Jan Albrecht, Dr. Stefan Brink and Tim Wybitul on the New German Data Protection Bill

On 1 February 2017, the German federal cabinet adopted a draft data protection bill. The planned implementation statute aims to supplement and further define the EU General Data Protection Regulation, which will come into force in 2018. The Chronicle of Data Protection’s summary of the most relevant aspects of the draft bill can be found here. We turn now to a preliminary assessment and explanation of proposed bill, provided by German Data Protection and Freedom of Information Officer Dr. Stefan Brink, European Parliament member Jan Albrecht, and Hogan Lovells partner Tim Wybitul.

Posted in International/EU Privacy

ECJ Declares Data Retention Directive Invalid

In a decision rendered on 8 April 2014, the European Court of Justice (ECJ) declared the Data Retention Directive invalid. The Court’s decision was grounded on its conclusion that, by requiring the retention of the data falling within the scope of the Directive, and by allowing the competent national authorities to access those data, the Directive interferes in a particularly serious manner with the fundamental rights to respect for private life and to the protection of personal data.

Posted in International/EU Privacy

Recent ECJ Decision Embraces Targeting Theory of Jurisdiction

Last month, the Court of Justice of the European Union (ECJ) issued a ruling on the scope of EU member states’ jurisdiction over internet services. In Football Dataco Ltd v. Sportradar GmbH, the ECJ considered a jurisdictional issue related to the Database Directive, but its opinion could have broader implications for how the EU considers […]

Posted in International/EU Privacy

European Court Says Austrian DPA Not independent

The European Court of Justice held on October 16, 2012 that Austria’s data protection authority is not sufficiently independent, and therefore fails to comply with the requirements of the European data protection directive. The Court found that Austria’s DPA has too many links to the Austrian Federal Chancellery and that the EU Data Protection Directive’s requirement of “complete independence” is violated.