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The Verwaltungsgericht Wiesbaden (Wiesbaden Administrative Court - VG) has submitted to the Court of Justice of the European Communities (ECJ) a reference for a preliminary ruling concerning, inter alia , the compatibility of the Data Retention Directive with fundamental rights. The underlying case concerns the compatibility with EC data protection law of agricultural law provisions requiring information about the recipients of certain EC agricultural subsidies to be published annually online. The VG considers the rules to be a disproportionate intrusion on the European basic right to data protection....

One issue that has been frequently discussed in the IRIS plus series is the unauthorised supply of copyright protected works via the Internet. The resulting threat of copyright infringements could, at least partly, be prevented through the use of Internet filters, an option that forms the subject of this latest edition of IRIS plus. The article considers, among other things, which services (simple hosting or Internet services?) Internet filters are useful for and where they are therefore commonly used. This inevitably leads to the question whether such filters should be used voluntarily or made...

In April 2008, a court approved a settlement of more than EUR 60,000 damages to five Dublin primary school children for breach of privacy. Their images were unlawfully used in the award-winning documentary film “Deliver Us from Evil”, about an American paedophile priest. Their parents had sued the director, the film company and the distribution company, all of California, and the children’s school. The school was granted full indemnity by the US defendants. The film company had contacted the school in 2004 seeking to take footage of the children at play for use in a documentary film about multiculturalism...

The right to privacy and the right to information are considered to be Fundamental Rights by the Spanish Constitution. The former is enshrined in Article 18(1) and the latter in Article 20(1)(d). However, each right limits the other and litigation will normally occur when a party claims the enforcement of one of these rights against another party claiming a defence based on the other right. In such a case, it is up to the court to find the correct balance between the two rights in question. The right to privacy is expanded upon by Ley Orgánica 1/1982 de 5 de mayo, de Protección Civil del Derecho...

The court of appeal in Amiens has just delivered an interesting order on a delicate point of law. The facts were as follows: after four days of debate before the criminal court of the Somme, when the judge and jury had withdrawn to deliberate, a journalist covering the case for a television channel noticed that the deliberation room was reflected in the glass building opposite. The journalist in question took the initiative of filming this reflection, thereby making it possible to view the deliberation process (which is theoretically secret) and more particularly two members of the jury voting...