Tag Archives: CJEU

CJEU: EU-Canada proposed agreement on the transfer of Passenger Name Record data does not conform to EU data protection law standards

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 … Continue Reading

CJEU Confirms Dynamic IP Addresses To Be Personal Data

On Wednesday October 19, 2016 the Court of Justice of European Union (“CJEU”) issued its judgment in Case C-582/14, Patrick Breyer v Germany.  The CJEU held that a “dynamic” IP address constitutes personal data (agreeing with the Opinion of the Advocate General from May this year).  Dynamic IP addresses qualify as personal data, even if … Continue Reading

Article 29 WP On the Schrems Ruling (Safe Harbor) − Latest Developments and Next Steps

The Article 29 Data Protection Working Party (“Article 29 WP”), an EU advisory body on data protection composed of representatives of the national data protection authorities (“DPAs”), the European Data Protection Supervisor and the European Commission, met in plenary on Thursday, October 15, to discuss the first consequences of the judgment of the Court of … Continue Reading

Debate in the European Parliament’s LIBE Committee on the Schrems ruling

On October 12, 2015, the European Parliament’s Civil Liberties, Justice and Home Affairs (“LIBE”) Committee held a debate to discuss the aftermath of the ruling of the Court of Justice of the European Union (“CJEU”) ruling in Case C-362/14 Maximillian Schrems v Data Protection Commissioner (see summary of the ruling here and summary of the … Continue Reading

EU’s Highest Court Invalidates Safe Harbor with Immediate Effect

Today, the Court of Justice of the European Union (the “CJEU”) invalidated the European Commission’s Decision on the EU-U.S. Safe Harbor arrangement (Commission Decision 2000/520 – see here). The Court responded to pre-judicial questions put forward by the Irish High Court in the so-called Schrems case. More specifically, the High Court had enquired, in particular, … Continue Reading

EU’s Highest Court Rules on Applicable Law and Territorial Powers of the National Data Protection Authorities

On October 1st, 2015, the Court of Justice of the EU rendered its judgment in the Weltimmo case (C-230/14).  The case addressed two important aspects of EU data protection law, namely applicable law and the scope of the territorial powers of data protection authorities. The case arose out of a dispute between Weltimmo, a company registered … Continue Reading

CJEU Hears Oral Arguments in Pivotal EU-U.S. Safe Harbor Case

By Dan Cooper and Phil Bradley-Schmieg On March 24, 2015, the Court of Justice of the EU (CJEU) heard arguments in Case C-362/14 (Schrems).  The High Court of Ireland has asked the CJEU whether Ireland’s data protection authority (DPA) — and by extension other EU DPAs — is bound by the Commission’s adequacy decision (Decision 520/2000/EC) … Continue Reading

Top 10 International Privacy Developments of 2014

By Dan Cooper and Maria-Martina Yalamova The CJEU “Right to be Forgotten” Ruling.  In May 2014, the Court of Justice of the European Union (CJEU) delivered an important judgement in a referral from Spain’s National High Court involving Google, a Spanish national, and the Spanish data protection authority (Case C-131/12).  The CJEU’s decision re-interpreted European … Continue Reading

The EU’s Highest Court Rules That The EU’s Data Protection Directive Applies To Home Security Surveillance Cameras

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 … Continue Reading

Article 29 Working Party Agrees Right to Be Forgotten Guidance Following May 2014 CJEU Ruling Against Google

On November 25, 2014, the Article 29 Working Party agreed guidelines for data protection authorities seeking to apply the Court of Justice of the European Union (CJEU) ruling reached earlier this year against Google, which has become known as the right to be forgotten or “RTBF” ruling.  The full guidelines have not yet been published, … Continue Reading

EU Court of Justice clarifies the definition of personal data and scope of access requests

By Jacqueline Clover and Monika Kuschewsky   The Court of Justice of the European Union (‘CJEU’) has ruled that an analysis produced by an administrative agency to inform and support the agency’s formal decisions (‘legal analysis’) is not of itself “personal data” as defined under Directive 95/46/EC (the ‘EU Data Protection Directive’).  This is the … Continue Reading
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