Search results : 978

On 13 May 2014, the Court of Justice of the European Union (CJEU) handed down its judgment in the case of C-131/12. Case C-131/12 is a request for a preliminary ruling from the Spanish National High Court in a proceeding between Google v. Agencia Española de Protección de Datos (AEPD) and one Mr González, concerning the interpretation of some key concepts of Directive 95/46/EC and the Charter of Fundamental Rights. In 2010, Mr González lodged a complaint with the Spanish Data Protection Agency (AEPD) against Google stating that when entering his name in the search engine he would obtain links to...

During a criminal investigation of two military officers under the Official Secrets Act 1989 for passing information on the Cabinet security committee to the broadcaster BSkyB, the police sought disclosure of evidence from the broadcaster. This included copies of all e-mails between the officers and the broadcaster. After hearing the police and the broadcaster, the court issued a production order. However, a further application, based on secret information, was made by the police for further evidence; the broadcaster was not present before the court and objected to the application. On 12 March...

Access to information is now part of the national law as it was adopted by the Chamber of Representatives of the National Assembly of the Republic of Belarus on 12 December 2013. It went into effect on 10 January 2014. The law takes the form of amendments to the 2008 law “On Information, Informatization, and the Protection of Information”. In particular, its Article 16 now has an expanded list of information that shall be available to citizens under any conditions. Article 22-1 of the amended law lists categories of information that shall be made available through official websites of the state...

In a decision of 23 January 2014, the Austrian Oberste Gerichtshof (Supreme Court - OGH) ruled that a website’s operators were obliged under Article 18(4) of the E-Commerce-Gesetz (E-Commerce Act - ECG) to disclose to the party concerned the e-mail addresses of users who had posted insulting comments about him. The court rejected the defence of editorial confidentiality. The defendant operates an online discussion forum on its Internet site. The plaintiff, a politician, had demanded that the forum operator disclose the e-mail addresses of four of its users who had written unlawful comments about...

On 27 March 2014, the Court of Justice of the European Union (CJEU) gave its ruling in Case C-314/12, a case between UPC Telekabel Wien, on the one hand, and Constantin Film Verleih and Wega Filmproduktionsgesellschaft, on the other. The CJEU considered whether it is permissible to order an internet service provider (ISP) to block its subscribers’ access to a website on which copyright protected films are made available to the public, without the rightsholders' consent. Constantin Film and Wega are film production companies. They claimed that some of the films in which they hold the copyright and...