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After proceedings at national level over eight years, and after a preliminary ruling by the Court of Justice of the European Union (CJUE) on 16 December 2008 (Case C-73/07), the European Court of Human Rights (ECtHR) has delivered a judgment in a highly interesting case of conflicting rights between the right of privacy and the right to freedom of expression, in the domain of protection of personal data and data journalism. The Court has come to the conclusion that a prohibition issued by the Finnish Data Protection Board that prohibited two media companies (Satakunnan Markkinapörssi Oy and Satamedia...

On 9 June 2015, the Dutch data protection authority (College bescherming persoonsgegevens - CBP) announced that Ziggo, which is one of the biggest providers of digital television in the Netherlands, had ended its privacy infringing activities. An investigation, prior to the announcement, had concluded that Ziggo had infringed Dutch Data protection law on several occasions. According to the investigation by the CBP, Ziggo collected and used personal data of subscribers, without correctly informing the data-subjects. Furthermore, the investigation concluded that Ziggo did not obtain the requisite...

In its judgment of 28 April 2015, the Dutch Court of Appeal of Amsterdam rejected a claim to prevent the broadcast of video footage that was acquired in spite of a film ban. The appellants (a producer and the broadcasting organisation KRO-NCRV) wanted to test whether someone dressed in a uniform-like outfit would be able to act like an employee of a given company. They filmed such an experiment in the retail store of the respondent with a hidden camera and a hand-held camera. In a judgment on preliminary relief proceedings, the court of first instance prevented the appellants from broadcasting...

In its judgment of 24 April 2015, the Dutch Court of Appeal of Amsterdam refused to declare an item about a telecom provider a tortious act, even though it was in bad taste. A Dutch broadcasting organisation called BNN-VARA, the appellant in this case, broadcast a show in which it devoted attention to various complaints about the telecom provider Pretium, the respondent. The show started with an item that told the story of an old lady who had been unable to use her telephone line in the final weeks of her life, because of a failure of her telephone company. Sober music and shots of one of the old...

On 1 May 2015, the North Netherlands District Court ruled in a case regarding the request to have certain search results pertaining to the plaintiff’s criminal history delisted from Google Search based on search queries limited to his name. This is another judgment in a series of Dutch cases concerning the application of the CJEU’s Google Spain judgment (see for a recent example IRIS 2015-5/25). The plaintiff was convicted for killing his wife, the mother of his children, in 2007. He was sentenced to 12 years in prison and treatment under a hospital order (terbeschikkingstelling - TBS). Among the...