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French Administrative Supreme Court challenges EU law on data retention

JURIST

France’s Highest Administrative Court (Council of States) on Wednesday gave its ruling on the national policy concerning data retention creating conflict between French and EU laws. The ruling was long-awaited as it clarified France’s stance on data retention policies.

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EU Court of Justice rules indiscriminate data retention illegal

JURIST

The European Court of Justice (ECJ) Tuesday ruled that Germany’s data retention statute is not compatible with EU law. German telecommunication companies SpaceNet and Telekom Deutschland brought actions in German courts arguing that Germany’s Law on Telecommunications (TKG) breached EU rules.

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EU Court of Justice rules against ‘general and indiscriminate’ data retention by police

JURIST

The Court of Justice of the European Union (EU) Tuesday ruled that national governments may not permit the “general and indiscriminate retention” of traffic and location data of electronic communications. The court’s ruling comes from a long procedural history.

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Federal court blocks California law protecting children’s online activity

JURIST

The US District Court for the Northern District of California blocked the California Age-Appropriate Design Code Act (CAADCA) on Monday. Due to this reasoning, the court found that the preliminary junction was appropriate.

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Proton successfully appeals government surveillance obligations

JURIST

The company was also subjected to new data retention obligations for future surveillance purposes. The Court on Friday concluded that email services are different from conventional telecommunication providers in Switzerland, and thus, should not be subject to the same kinds of data storage requirements.

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Insights into ERA Seminar on Privacy and Data Protection with a Specific Focus on “Balance between Data Retention for Law Enforcement Purposes and Right to Privacy” (Conference Report)

Conflict of Laws

The key issues discussed were the distinction between the right to privacy and data protection in the jurisprudence of the ECtHR and CJEU, the impact of the jurisprudence on international data transfers, notions of ‘essence of fundamental rights’ ‘personal data processing’, ‘valid consent’ and so on.

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UK tribunal finds surveillance incompatible with EU law

JURIST

Furthermore, during the proceedings it was found that all three UK SIAs were illegally holding PI’s data. This ruling came after the 2020 European Court of Justice ruling.