Tag: Democrazia

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Case Law Data Privacy

Corte di Giustizia UE: Casi C‑203/15 e C‑698/15 – Tele2 – E’ vietata la conservazione massiva, generalizzata e indifferenziata dei dati delle comunicazioni elettroniche

  • CURIA – Documenti

    Il diritto dell’Unione Europea vieta:

  • a) una normative nazionale la quale preveda, per finalità di lotta contro la criminalità, una conservazione generalizzata e indifferenziata dell’insieme dei dati relativi al traffico e dei dati relativi all’ubicazione di tutti gli abbonati e utenti iscritti riguardante tutti i mezzi di comunicazione elettronica.

  • b) una normativa nazionale, la quale disciplini la protezione e la sicurezza dei dati relativi al traffico e dei dati relativi all’ubicazione, e segnatamente l’accesso delle autorità nazionali competenti ai dati conservati, senza limitare, nell’ambito della lotta contro la criminalità, tale accesso alle sole finalità di lotta contro la criminalità grave, senza sottoporre detto accesso ad un controllo preventivo da parte di un giudice o di un’autorità amministrativa indipendente, e senza esigere che i dati di cui trattasi siano conservati nel territorio dell’Unione.

Posted from Diigo.

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Case Law Privacy

ECJ Sets a Crucial Week For Data Protection in Europe

  • European Court of Justice: Judgment in Case C-201/14
    Smaranda Bara and Others (transfer of data between public authorithies)

    “EU law precludes the transfer and processing of personal data between two public administrative bodies without the persons  concerned (data  subjects) having been informed in advance”.

  • ECJ: Case C-362/14 Maximillian Schrems (USA safe harbour scheme)

    “…the Commission was required to find that the United States  in  fact ensures, by reason of its domestic law or its international commitments, a level of protection of fundamental rights essentially equivalent to that guaranteed within the EU under the directive read in the light of the Charter. The Court observes that the Commission did not make such a finding,  but merely examined the safe harbour scheme [.]   National security, public interest and law enforcement requirements of the United States prevail over the safe harbour scheme, so that United States undertakings are bound to disregard, without limitation, the protective rules laid down by that scheme where they conflict with such requirements. The United States safe harbour scheme
    thus enables  interference, by United  States public  authorities,  with the fundamental rights of persons, and the Commission decision does not refer either to the existence, in the United States, of  rules  intended  to limit any such interference or to  the existence of effective legal protection against the interference…”.

  • ECJ: Case C-230/14 Weltimmo (Establishment and EU Data Protection Authorities)

    “…Weltimmo, a company registered in Slovakia, runs a property dealing website concerning Hungarian properties. Within that context, it processes the personal data of the advertisers  [.]  the Court notes that the presence of only one representative can, in some circumstances, suffice to constitute an establishment if that representative acts with a sufficient degree of stability for the provision of the services concerned in the Member State in question [.]  The  Court states that each supervisory authority established by a Member State must ensure compliance, within the territory of that State, with the provisions adopted by all Member States pursuant to the directive. Consequently, each supervisory authority is to hear claims lodged by any person concerning the protection of his rights and freedoms in regard to the processing of personal data, even if the law applicable to that processing is the law of another Member State”

Posted from Diigo.

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Antitrust Business Models Intellectual Property Internet

European Publishers Play Lobbying Role Against Google – The New York Times

  • European Publishers Play Lobbying Role Against Google – The New York Times

    “The argument is simple enough: Publishers want money from Google,” said Till Kreutzer, a German lawyer who has campaigned against these new copyright proposals. “Many European politicians are open to listening to that type of proposal.”

    I wonder if normal people voice will ever be listened at Bruxelles. Commissioners speak a lot with Publishing Industries, will they truly speak to citizens one of these days?

Posted from Diigo.

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Extra Pick of the Week

POW: Is Uber a Threat to Democracy? by Kemal Derviş – Project Syndicate

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Internet Privacy

Open Letter to Google From 80 Internet Scholars: Release RTBF Compliance Data — Medium

  • Open Letter to Google From 80 Internet Scholars: Release RTBF Compliance Data — Medium

  • “What We Seek

    • Aggregate data about how Google is responding to the >250,000 requests to delist links thought to contravene data protection from name search results. We should know if the anecdotal evidence of Google’s process is representative: What sort of information typically gets delisted (e.g., personal health) and what sort typically does not (e.g., about a public figure), in what proportions and in what countries?”

Posted from Diigo.

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Internet Privacy

Report of the Advisory Committee to Google on the Right to be Forgotten

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Extra Tax

Extra: New Leak Reveals Luxembourg Tax Deals for Disney, Koch Brothers Empire | International Consortium of Investigative Journalists

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Internet Pick of the Week Uncategorized

Report | The Web Index

  • Report | The Web Index, by the World Wide Web Foundation:

    “We stand at a crossroads between a Web “for everyone” ― one that enables all people around the world to improve their life chances and reduces inequalities both between and within countries ― and a “winner takes all” Web that further concentrates wealth and political power in the hands of a few.”


Posted from Diigo.

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Internet

U.S. Plans to Give Up Oversight of Web Domain Manager – WSJ.com

  • U.S. Plans to Give Up Oversight of Web Domain Manager – WSJ.com

    “The Commerce Department said Friday it plans to relinquish its oversight of the Internet Corporation for Assigned Names and Numbers, or Icann, which manages a number of technical functions that serve as signposts to help computers locate the correct servers and websites.”


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Extra Pick of the Week

Pick of the Week: The Battle for Power on the Internet – Bruce Schneier – The Atlantic

  • The Battle for Power on the Internet – Bruce Schneier – The Atlantic

    • “We’re in the middle of an epic battle for power in cyberspace. On one side are the traditional, organized, institutional powers such as governments and large multinational corporations. On the other are the distributed and nimble: grassroots movements, dissident groups, hackers, and criminals. Initially, the Internet empowered the second side. It gave them a place to coordinate and communicate efficiently, and made them seem unbeatable. But now, the more traditional institutional powers are winning, and winning big.”

Posted from Diigo.