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IRIS 2019-4:1/8 [DE] Federal Supreme Court submits questions to the CJEU on YouTube’s duty to publish information on copyright infringements

In a decision of 21 February 2019, the I. Zivilsenat (first civil chamber) of the Bundesgerichtshof (Federal Supreme Court - BGH), which is responsible for copyright-related cases, submitted to the Court of Justice of the European Union (CJEU) a number of questions concerning the scope of information that the YouTube video platform must disclose in relation to users who infringe copyright. In the case at hand, a film distributor had launched an action against YouTube LLC and its parent company, Google Inc., claiming an infringement of its exclusive rights to exploit the films “Parker” and “Scary...

IRIS 2019-4:1/4 Court of Justice of the European Union: Sergejs Buivids v. Datu valsts inspekcija

On 14 February 2019, the Court of Justice of the European Union (CJEU) clarified the possibilities for the processing of personal data for journalistic purposes, as guaranteed under Article 9 of Directive 95/46 of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. The CJEU was requested by the Latvian Supreme Court to deliver a preliminary ruling on the question of whether Mr Buivids, who had posted a video on the Internet showing public officials of the Latvian national police force without their consent, could...

IRIS 2019-4:1/1 European Court of Human Rights: Catt v. the United Kingdom

The European Court of Human Rights (ECtHR) has delivered a judgment on the compatibility of the right to privacy under Article 8 of the European Convention on Human Rights (ECHR) with the collection, retention and further use of personal data for purposes of police intelligence, while two earlier cases reported in IRIS on the bulk interception of personal communications for intelligence purposes and the right to privacy are pending before the Grand Chamber of the European Court of Human Rights (ECtHR) (Centrum för Rättvisa v. Sweden, IRIS 2018-8/3, and Big Brother Watch and Others v. the United...

IRIS 2019-3:1/26 [NL] Recording and sharing by a journalist of a confidential phone call with a council member was not unlawful

In a judgment of 11 December 2018, the Court of Appeal of Arnhem-Leeuwarden (“the Appeal Court”) ruled that a journalist had not acted unlawfully by taping and sharing a recording or the contents of a phone call in which a municipal council member (“the council member”) provided him with confidential information. As a party chairman, the council member was a member of a committee responsible for the appointment of an acting mayor. While the appointment procedure was underway, and days before the official announcement of the nominee, the council member spoke over the phone about, inter alia, that...

IRIS 2019-3:1/23 [IT] Ministry of Economic Development sets up two groups of experts to provide support in drafting national strategies on artificial intelligence and blockchain.

In September, the Ministry of Economic Development launched two calls for applications for the selection of up to 30 members of a group of experts to draft a national strategy on artificial intelligence (hereinafter AI) and 30 members of a group of experts to draft a national strategy on distributed ledger technologies (hereinafter DLTs) and blockchain. The ministry considers that it is a crucial priority for Italy, as mentioned by the Minister of Economic Development, Mr. Luigi Di Maio, last July in his programmatic lines, to deepen the knowledge of AI, DLTs and the blockchain and the related...