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IRIS 2016-7:1/25 [NL] Court orders Google Inc. to remove search results concerning a lawyer’s criminal conviction in 2012

The District Court of Rotterdam has ordered Google Inc. to remove two hyperlinks from its “.nl” and “.com” search engine that refer to a blog post about the applicant’s foreign conviction in 2012 for illegal possession of a weapon. The applicant worked as a lawyer outside the Netherlands in 2012 and 2013. In 2012 he was criminally convicted of illegal gun ownership and given a suspended prison sentence and community service. A local blogger wrote about the judgment, thereby disclosing the applicant’s name and picture. This blog post could be found on Google Search by entering the applicant’s name....

IRIS 2016-7:1/24 [IT] Data protection authority finds bloggers deserve same treatment as journalists

The Autorità Garante per la protezione dei dati personali (Italian Data Protection Authority, “Garante”), through Resolution no. 29 of 27 January 2016, has stated that hen bloggers report news and comments in their blog, in absence of the data subjects’ consent, they do not commit any unlawful act as long as they respect the rights, fundamental freedoms and dignity of the person on which they write. In this resolution the Garante declared groundless the complaint of a well-known public figure who had asked a blogger to remove an article reporting certain information concerning her personal life...

IRIS 2016-7:1/19 [GB] Supreme Court judgment on privacy injunctions

The case of PJS v. News Group Newspapers Ltd concerns the attempts of a high profile couple to prevent the publication of a story relating to sexual encounters that one of the couple, identified only as “PJS”, had had some time ago. On 22 January 2016, the Court of Appeal, pending the main trial, granted an interim injunction; it was generally accepted that this was properly granted. The dispute concerned whether the injunction should be dismissed since details of the story had been published in the media outside England and Wales, and also on various websites and social media. The English press...

IRIS 2016-7:1/16 [FR] Infringement of protection of image suffered by a doctor, filmed without his authorisation by concealed camera without his anonymity being preserved

On 2 June 2016, the Court of Appeal in Versailles delivered a new decision on the use of concealed cameras. In the case at issue, a doctor - informed by friends and family that he had been filmed in his surgery without his knowledge for the purposes of a television magazine programme entitled “Régimes: la vérité sur les nouvelles méthodes pour maigrir” (“Diets - the truth about the new slimming methods”) which was to be broadcast a few days later - immediately had the channel and the company editing its Internet site summoned to court to obtain a ban on broadcasting the sound recordings obtained...

IRIS 2016-7:1/12 [DE] Hamburg District Court issues cease-and-desist order against broadcasting of a TV programme

In a decision of 12 April 2016 (Case 324 O 96/16), the Landgericht Hamburg (Hamburg District Court) issued a temporary injunction prohibiting the broadcasting of a television programme produced by a team of reporters that had set itself the task of revealing serious shortcomings in companies. In this particular case, the programme “Team Wallraff - Reporter undercover” of the broadcaster RTL wanted to show sloppy working practices in a hospital caused by pressure to keep costs down. In order to do this, a female reporter infiltrated the hospital disguised as a trainee and produced footage broadcast...