Search results : 978

In a ruling of 9 October 2013, the Schleswig-Holsteinische Verwaltungsgericht (Schleswig-Holstein Administrative Court - VG) lifted the decision of the Unabhängiges Landeszentrum für Datenschutz (Independent Land Data Protection Centre - ULD), prohibiting companies in Schleswig-Holstein from operating Facebook fan pages (case no. 8 A 218/11, 8 A 14/12, 8 A 37/12). The ULD had banned the operation of Facebook fan pages on the basis of Article 38(5) of the Bundesdatenschutzgesetz (Federal Data Protection Act - BDSG) because it breached data protection law in several ways. Visitors to such fan pages...

The Parliamentary Assembly of the Council of Europe (PACE) adopted its Resolution 1954(2013) entitled “National security and access to information” on 2 October 2013. The Resolution emphasises the importance of transparency, which includes access to information held by public authorities, for democracy and good governance as well as for the prevention of corruption. The Resolution considers that well-defined national security interests are valid grounds for withholding information held by public authorities. At the same time it also emphasises that access to information is a “crucial component”...

The European Court of Human Rights has delivered a new judgment regarding a complaint by Princess Caroline von Hannover that the German courts had not sufficiently protected her right to privacy as guaranteed by Article 8 of the Convention, by giving too much weight to the right of the press as guaranteed by Article 5 of the German Constitution and Article 10 of the European Convention (see earlier also Von Hannover no. 1 v. Germany, IRIS 2004-8/2 and Von Hannover no. 2 v. Germany, IRIS 2012-3/1). This time the Princess of Monaco lodged an appeal in Strasbourg relating to the refusal by the German...

On 2 July 2013, the Dutch data protection agency (CBP) published a report stating that TP Vision, a manufacturer of Smart TVs, is in breach of the Dutch Data Protection Act (Wbp). This report is a final version following a provisional report that had previously been sent to TP Vision in March of 2013 in order for them to put forward their views on the findings. TP Vision makes Smart TVs for Philips and is the only manufacturer of such TVs in the Netherlands. Smart TVs are televisions with internet access possibilities/capabilities. Users can watch shows on-demand, rent movies, use apps and visit...

In a ruling of 14 August 2013, the Landgericht Köln (Cologne District Court - LG) decided that advertising using a double of a famous person can be inadmissible even if there is no similarity between the facial features and external appearance of the double and the famous person. The famous person may be recognisable thanks to other details that characterise the person concerned. The complaint concerned a TV commercial for the defendant, a furniture store, which included a scene from a TV quiz show in which a presenter wearing glasses and a dark suit had asked a contestant the “all-important question”...