Charter of Fundamental Rights

In two recent landmark decisions issued on November 6, 2019, the German Constitutional Court (“BVerfG”) presented its unique perspective on the “right to be forgotten” and announced that it will assume a greater role in safeguarding German residents’ fundamental rights from now on.

Continue Reading German Constitutional Court Reshapes “Right to be Forgotten” and Expands Its Oversight of Human Rights Violations

By Dan Cooper and Rosie Klement

On July 26, 2017, the Court of Justice of the EU (CJEU) published Opinion 1-15 (the “Opinion”) on the proposed agreement between the European Union and Canada on the transfer and processing of passenger name record (“PNR”) data (the “Agreement”).  The Agreement was signed in 2014, but the CJEU was asked to determine whether it was compatible with EU data protection law before it is approved by the European Parliament.

The Opinion concluded that a number of provisions relating to the transfer of PNR data – particularly sensitive data – are incompatible with the EU Data Protection Directive (Directive 95/46) and the fundamental rights to privacy and data protection, and the protection against discrimination, under Articles 7, 8 and 21 of the EU Charter of Fundamental Rights (the “Charter”), meaning the Agreement must be renegotiated before it enters into force.

Notably, the CJEU’s opinion was consistent with its recent judgments concerning data transfers to “third countries” (outside the EEA) in Schrems and Tele2/Watson
Continue Reading CJEU: EU-Canada proposed agreement on the transfer of Passenger Name Record data does not conform to EU data protection law standards

By Fredericka Argent

Last week, the Court of Justice of the European Union (CJEU) ruled that owners of home surveillance cameras could be breaching the EU Data Protection Directive 95/46/EU (the Directive), when those cameras are used to monitor public spaces.  The ruling was made following a request from the Nejvyšší správní soud (The Supreme Administrative Court of the Czech Republic) for interpretive guidance.

According to the facts, Mr Ryneš, from the Czech Republic, had set up a camera to monitor the footpath outside of his home in response to a series of break-ins that he and his family had suffered.  One of the suspects of a break-in was subsequently caught on camera, and the video recording was used as evidence in the criminal proceedings that followed.  However, the suspect separately made a complaint to the Czech Data Protection Office that the surveillance system used by Mr Ryneš was unlawful.  The Czech Data Protection Office agreed. Mr Ryneš then brought an action challenging that decision, which was appealed to the Czech Supreme Court.
Continue Reading The EU’s Highest Court Rules That The EU’s Data Protection Directive Applies To Home Security Surveillance Cameras