Tag Archives: EU Court of Justice

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

By Jacqueline Clover 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 case even where the … Continue Reading

EU Court Rules that Forcing Social Networks to Monitor the Internet Infringes Right to Privacy

In a judgment laid down on 16 February 2012 in the Case 360/10 Sabam v. Netlog, the Court of Justice of the European Union (CJEU) ruled that EU national courts cannot issue injunctions forcing social networks to monitor their sites for illegal file-sharing because such injunctions would not strike a fair balance between the rights of intellectual … Continue Reading

European Court Rejects Internet Filtering by ISPs

On 24 November 2011, the EU Court of Justice decided that ISPs cannot be forced to filter Internet traffic to fight intellectual property violations.   In 2007, the Brussels Court of First Instance obliged the ISP Scarlet to filter all internet traffic and to block traffic involving violations of intellectual property rights, in particular in … Continue Reading
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