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A group of 58 deputies sought the annulment of certain provisions of the Electronic Communications Act, the Criminal Procedure Act and the Police Act before the Constitutional Court. The proposal challenged certain provisions of the legislation on the preventive storage of traffic and location data in electronic communications with telecommunications service providers (hereinafter referred to as “data retention”) and the possibility of their subsequent provision to law enforcement services, secret services and the police. The contested legislation requires obligated entities (providers of electronic...

In a judgment of 1 October 2019 in Case C-673/17, the Court of Justice of the European Union decided that the consent necessary for storing and accessing cookies on a website user’s device was not validly constituted by way of a pre-checked checkbox that the user had to deselect to refuse his or her consent. Rather, consent must be given clearly and unambiguously in relation to the specific circumstances and with the necessary information provided. The CJEU ruling follows a dispute in Germany between the Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband...

In its judgment of 24 September 2019, the Court of Justice of the European Union (“CJEU”) extended the prohibition to process special categories of personal data under EU data protection legislation to search engine operators acting as controllers. Building on its previous decision in Google Spain (see IRIS 2014-6/3), the CJEU ruled that operators of search engines are, in principle, required to accede to de-referencing requests regarding links to websites displaying sensitive data (for example, information related to religious or philosophical beliefs, sex life, criminal convictions, etc.), subject...

On 24 September 2019, the Court of Justice of the European Union (CJEU) delivered its judgment in the case of Google v. CNIL. The case builds on the Google Spain decision, in which the CJEU recognised search engine operators’ obligation to remove certain links upon request (see IRIS 2014-6/3). In the present case, the CJEU clarified the territorial scope of this obligation. Specifically, the CJEU held that EU law does not require search engine operators to remove links from all domain name extensions when granting an “erasure request”. The case concerned a dispute between Google and the French...

On 3 September 2019, the Consiliul Naţional al Audiovizualului (National Audiovisual Council - CNA) adopted Decision No. 781/2019 with regard to the rules which apply to the audiovisual electoral campaign for the election of the President of Romania in 2019 (see, inter alia, IRIS 2009-10/24 and IRIS 2014-10/30). The elections will be held on 10 November 2019 (first round) and on 24 November 2019 (second round). As a first, the elections abroad, for Romanians living outside the country, will last 3 days for each round (8-10 November and 22-24 November, respectively). The audiovisual electoral campaign...