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IRIS 2011-7:1/9 [AT] Data Protection Commission Approves Google Street View

The Austrian Datenschutzkommission (Data Protection Commission - DSK) has approved the Google Street View service for Austria under certain conditions. Google Street View was first registered with the DSK in January 2010. After it was revealed in spring 2010 that Google collected and, in some cases, recorded, WLAN data when gathering images for the Street View service, the DSK instigated a test procedure in accordance with Article 30 of the 2000 Data Protection Act (DSG 2000). Google subsequently erased the data it had collected and promised that no more WLAN data would be gathered by Street View...

IRIS 2011-7:1/7 [AT] OGH Confirms Obligation to Provide Information on Dynamic IP Address Users in Criminal Procedures

In Austria, Internet service providers are required to inform the public prosecutor’s office, at its request, about the master data of the user to whom a particular IP address was assigned at a particular point in time. In a ruling of 13 April 2011, the Austrian Oberste Gerichtshof (Supreme Court - OGH) confirmed this on the basis of the legal situation before the introduction of data retention. It therefore rejected a nullity appeal lodged by the Generalprokuratur (Procurator General’s Office). The initial case concerned the identification of a suspect who was accused by the Steyr public prosecutor’s...

IRIS 2011-7:1/1 European Court of Human Rights: Mosley v. the United Kingdom

In the case Mosley v. the United Kingdom the European Court of Human Rights decided that the right of privacy guaranteed by Article 8 of the European Convention on Human Rights does not require the media to give prior notice of intended publications to those who feature in them. The applicant in this case is Max Rufus Mosley, the former president of the International Automobile Federation. In 2008, the Sunday newspaper News of the World published on its front page an article entitled “F1 Boss Has Sick Nazi Orgy with 5 Hookers”, while several pages inside the newspaper were also devoted...

IRIS 2011-6:1/28 [RO] Legislative Initiatives Concerning Website Blocking

Two different legislative initiatives with regard to blocking websites with harmful or inappropriate content are under debate in Romania. Firstly, though rejected by the Romanian Senate on 26 April 2011, a draft law on preventing and fighting pornography, aimed at a review of the legislation on pornography (Law no. 196/2003 modified by Law no. 496/2004), proposed by the Government, will be sent to the Chamber of Deputies (lower chamber of Romania’s Parliament), which will have the final decision. Secondly, the Government adopted Decision no. 150/2011 (Official Journal of Romania no. 179 of 1 March...

IRIS 2011-6:1/20 [GB] Court Rejects Challenge to Legislation to Combat Online Copyright Infringement

The UK High Court has rejected a challenge to provisions of the Digital Economy Act 2010 designed to limit file-sharing in breach of copyright law. They provide that internet service providers must notify subscribers if their internet protocol addresses are reported by copyright owners as being used to infringe copyright, must keep track of the number of reports about each subscriber and must compile on an anonymous basis a list of those reported on. After obtaining a court order to obtain personal details, copyright owners will be able to take action against those on the list. These provisions...