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In a new judgment with regard to Internet content, the European Court of Human Rights (ECtHR) found that a criminal conviction for insult was a justified interference with the right to freedom of expression as guaranteed under Article 10 of the European Convention on Human Rights (ECHR). The case of Annen (No. 6) v. Germany concerns a conviction for posting a press release on the Internet and distributing leaflets with insulting statements about a German professor at the University of Bonn, professor B., who was conducting embryonic stem cell research. Annen is a campaigner against abortion and...

On 2 October 2018, the Grand Chamber of the Court of Justice of the European Union (CJEU) delivered a judgment in the Ministerio Fiscal case (C-207/16) concerning the processing of personal data and the protection of privacy in the electronic communications sector. This judgment concerned the interpretation of Article 15(1) of Directive 2002/58/EC (the e-Privacy Directive) - which allows member states to introduce exceptions to the principles of the confidentiality of personal data - read in light of Articles 7 (respect for private life) and 8 (protection of personal data) of the Charter of Fundamental...

A short time after the judgment in Centrum för Rättvisa v. Sweden (see IRIS 2018-8/3), the European Court of Human Rights (ECtHR) has delivered a new judgment on the bulk interception of communications and intelligence sharing. This time, the ECtHR has found several violations of the European Convention on Human Rights (ECHR) in the United Kingdom’s regime for bulk interception of communications, including a violation of the right of journalists to protect their sources. It is important, however, to underscore that the UK has updated its surveillance rules under new legislation, the Investigatory...

The Turkish Data Protection Authority (DPA) was established in 2016 as a result of a referendum held in 2010, known as the “2010 Constitutional Amendments Package.” Since 2016, the Turkish DPA has been developing both organisational and legal frameworks to ensure the effective safeguarding of data protection rights in the country. In the course of this, the DPA has ruled on several cases, and those rulings have been now published in a summary on the official DPA website, as follows: - A data subject applied to the DPA requesting that his/her name be removed from an online newspaper’s opinion column...

On 15 August 2018, the District Court of Amsterdam ruled that BNNVARA, a Dutch broadcasting association, had not acted unlawfully by broadcasting on its website a secretly taped conversation with a Dutch member of parliament (MP) of the political party called DENK. The conversation took place in a private meeting room of the party. The recording related to a political election campaign banner (which the party was contemplating publishing on the Internet) containing a provocative message in the name of another Dutch political party the Party for Freedom (Partij voor de Vrijheid): “After 15 March...