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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...

IRIS 2019-3:1/16 [GB] BBC Asian Network head cleared over role in naming victim of sexual abuse

On 18 January 2019, Sheffield Magistrates’ Court acquitted the BBC Asian Network head of news Arif Ansari of breaching the Sexual Offences (Amendment) Act 1992 after a reporter named a rape victim live on air. Ansari was the editor of a radio programme when a reporter, Rickin Majithia, revealed in a live news bulletin the identity of a female victim of sexual abuse whilst reporting on the trial of her abuser in February 2018 outside Sheffield Crown Court. Majithia had wrongly assumed that the name read out in court was a pseudonym. Although Majithia was in error, the charge was brought against...