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IRIS 2007-1:1/33 [SE] Amendments to the Personal Data Act

From 1 January 2007 Personuppgiftslagen 1998:204 (the Personal Data Act) will be amended. The purpose of the amendments is to focus on and regulate misuse, instead of, as is currently the case, all use of personal data. To this end certain categories of personal data have been excluded from the rules which otherwise apply and instead processing of such categories will be subject to a misuse rule. This provision has been introduced in a new Article 5a. Furthermore, negligent offences have been decriminalised. In order to achieve a regulation that is more adapted to the every-day use of personal...

IRIS 2007-1:1/16 [FR] Private Images Incorporated in a Film without Authorisation

The dividing line between fiction and reality is sometimes very narrow, giving rise to many disputes. Following on from the problems raised by the production and broadcasting of “docu-fiction” works (see IRIS 2006-3: 13 and IRIS 2006-10: 12), this time it was the matter of the inclusion of “private images” in a full-length film that was submitted to the regional court of Paris. The dispute was between the producers and distributors of the successful film “Comme t’y es belle” (first screened in May 2006 and seen by more than a million cinema-goers) and a member of the audience who was surprised,...

IRIS 2007-1:1/9 [DE] "Stalking" Made a Criminal Offence

On 30 November 2006, the Bundestag adopted an amendment to the Strafgesetzbuch (Criminal Code - StGB ). It states that, in future, the unauthorised, persistent pestering of another person shall be punishable if it causes serious and unreasonable harm to that person's way of life (Art. 241b StGB ). The new provisions threw up various questions in relation to the media, which are protected under Art. 5 of the Grundgesetz (Basic Law - GG ) not only in terms of reporting itself, but also in relation to the obtaining of information. According to the explanatory memorandum, the wording of the amendment...

IRIS 2006-10:1/38 [DE] Federal Constitutional Court on the Inheritability of Assets Pertaining to the Right of Privacy

The Federal Constitutional Court arrived at a decision on 22 August 2006 on a case in which there was a judicial initiative by the court, relating to the inheritability of assets pertaining to the right to privacy. The Court’s decision was the outcome of a lawsuit involving the use of a picture of Marlene Dietrich for advertising purposes. In 1993 the defendant in the original proceedings and subsequent plaintiff who deals in photocopying machines promoted the environmental friendliness of her equipment in a newspaper advertisement using a photograph of a well-known scene from the film „The Blue...

IRIS 2006-10:1/29 [RU] Statute on Personal Data Adopted

On 29 July 2006 a new Federal Statute “On Personal Data” was adopted (it will come into force on 25 January 2007). This was done to comply with the international obligations of the Russian Federation, since in January 2006 Russia ratified the European Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data (signed in Strasbourg on 28 January 1981). The problem of personal data protection had been discussed in Russia since 1997 when the first draft law was worked out. In 1999 the Model Statute on Personal Data of the Commonwealth of Independent States was...