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The Google Spain decision delivered by the Court of Justice of the European Union (CJEU) on 13 May 2014 upheld the possibility, subject to certain conditions, for Internet users to ask search engine operators to de-reference links appearing in hits for searches on their names. The operators, starting with Google, have put de-referencing request forms online for Internet users to fill in. Since operators have not always complied with these requests, a number of French courts have been called on to deal with a number of cases involving the CJEU’s criteria, and the first judgments under the urgent...

On 29 January 2015, the AG Frankfurt am Main (Frankfurt am Main District Court - case 33 C 3407/14) ruled that tenants of a flat do not have to accept dummy video surveillance cameras installed by their landlord in either the building lobby or stairwell. The court ruled in favour of a tenant who had felt intimidated and threatened by the dummy devices. The landlord had originally installed the dummy video cameras exclusively to deter potential criminals. He claimed that, for this reason, combined with the fact that the camera did not work, the tenant’s privacy rights had not been breached. However,...

In a case concerning the conviction of four journalists for having recorded and broadcast an interview using hidden cameras, the European Court of Human Rights found, by six votes to one, that the Swiss authorities had violated the journalists’ rights protected under Article 10 on freedom of expression of the European Convention on Human Rights. The Court emphasised that the use of hidden cameras by the journalists was aimed at providing public information on a subject of general interest, whereby the person filmed was targeted not in any personal capacity, but as a professional broker. The...

On 23 December 2014, the Court of Appeal in Amsterdam ruled in favour of the Dutch broadcast company Powned in a dispute regarding a board member of Buma/Stemra, the Dutch collective rights management society for musical works. This decision affirms the decision of the District Court of Amsterdam. Powned had published on its website and in its television news programme that Gerrits, board member of Buma/Stemra, was “corrupt”. Powned based this allegation on a phone call between Gerrits and an agent of a composer. In this phone call, which Powned secretly recorded, Gerrits offered to use his influential...

The latest Rulebook on Security and Integrity of the Public Electronic Communication Networks, Services and Activities which the Operators must Undertake when the Personal Data Protection is Endangered (Правилник за обезбедување на безбедност и интегритет на јавните електронски комуникациски мрежи и услуги и активности кои што операторите треба да ги преземат при нарушување на безбедноста на личните податоци), developed by the Macedonian Agency for Electronic Communications, aims at increasing data protection for TV subscribers who sign contracts for the provision of TV services. The Rulebook provides...