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

Tag Archives: SABAM

Posted in International/EU Privacy

An injunction too far: The Court of Justice of the European Union (ECJ) rules out injunctions against ISPs that allow general filtering to prevent illegal downloading

In the SABAM case, the ECJ held that the Belgian court erred in ordering an ISP to install a wide ranging filtering system, recognized that internet users do not have a fundamental right to illegally download copyrighted material, and leaves the door open to more targeted actions.

Posted in International/EU Privacy

SABAM: advocate general highlights tension between privacy and copyright

The advocate general of the European Court of Justice issued his long awaited opinion in the SABAM case, a case that discusses the ability of ISPs to filter Internet content in order to detect illegal copyright infringements. The advocate general highlights the tension between privacy rights and copyright, and the criteria that must be satisfied in order for a filtering measure to be constitutionally valid in Europe. In the SABAM case, the advocate general found that one of the constitutional criteria was lacking, because Belgium had not enacted a specific law that would permit the kind of filtering that had been ordered by the court in the SABAM case.