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On 25 June 2021, the Supreme Court of the Netherlands (Hoge Raad) delivered an important decision on when an Internet service provider (ISP) is required to disclose customer data associated with IP addresses identified as being used for potential copyright infringement (see IRIS 2020-1/18 and IRIS 2020-7/16). Notably, the Supreme Court upheld a court of appeal ruling, concluding that an ISP (Internet Service Provider) was not required to provide customer data to a film distributor, that sought to pursue individuals for possible violation of intellectual property rights, as the privacy interests...

The Council of Europe Conference of Ministers responsible for Media and Information Society, entitled, ‘Artificial Intelligence – Intelligent Politics: Challenges and opportunities for media and democracy’, organised jointly with the Republic of Cyprus, was held online on 10-11 June 2021. The previous ministerial conference on similar issues (‘Freedom of Expression and Democracy in the Digital Age: Opportunities, Rights, Responsibilities’) was held in Belgrade in 2013 (see IRIS 2014-2:1/3). Participating ministers in the Conference adopted a Final Declaration and...

On 25 May 2021, the Commission nationale de l'informatique et des libertés (French data protection authority – CNIL) announced that it had issued 20 formal notices to organisations, including international players in the digital economy and public bodies, for breaching the new rules on cookies. On 1 October 2020, the CNIL had published its guidelines and a new recommendation on consent to targeted advertising and the use of trackers in order to implement the principles of the General Data Protection Regulation (GDPR), which include the need to obtain explicit consent to collect...

In a decision of 18 May 2021 (case No. VI ZR 441/19), the Bundesgerichtshof (Federal Supreme Court – BGH) ruled that the plaintiff was not entitled to an injunction against future broadcasting of scenes from the film “Die Auserwählten” in order to protect his own image rights and dismissed his application. The legal dispute was linked to sexual abuse suffered over a period of several years by the plaintiff, among others, as a pupil at the Odenwaldschule in the 1980s. Since 1998, he had been trying to raise awareness of the abuse through the press and by participating in...

In a judgment of 19 June 2018, the Third Section Chamber of the European Court of Human Rights (ECtHR) found that the bulk interception of electronic signals in Sweden for foreign intelligence purposes, on the basis of Swedish Signals Intelligence Act, did not violate the right to privacy and correspondence under Article 8 of the European Convention on Human Rights (ECHR), nor the right to an effective remedy under Article 13 ECHR (see IRIS 2018-8/3). After referral, the Grand Chamber of the ECtHR in its judgment of 25 May 2021 came to the final conclusion that the Swedish bulk interception regime...