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The Grand Chamber of the European Court has, more firmly than in its Chamber judgment of 2 November 2010 (see IRIS 2011/1-1), confirmed that a Swedish professor, Mr. Gillberg, could not rely on his right to privacy under Article 8, nor on his (negative) right to freedom of expression and information under Article 10 of the Convention to justify his refusal to give access to a set of research materials belonging to Gothenburg University, on request of two other researchers, K and E. Mr. Gillberg was convicted of misuse of office. He was given a suspended sentence and a fine of the equivalent of...

The Romanian Government approved on 3 April 2012 an Emergency Decree for the modification and completion of Legea nr. 506/2004 privind prelucrarea datelor cu caracter personal şi protecţia vieţii private în sectorul comunicaţiilor electronice (Law no. 506/2004 with regard to the processing of personal data and the protection of private life in the electronic communications sector). The Decree transposes into Romanian legislation the modifications of Directive 2002/58/EC, the spokesman of the government stated. He explained the Decree was adopted because the transposition of European legislation...

BT and TalkTalk, internet service providers, were unsuccessful in their appeal against the decision of the High Court last year that provisions in the Digital Economy Act 2010 were not in breach of EU law (see IRIS 2011-6/20). The provisions impose obligations on Internet Service Providers (ISPs) to notify subscribers if their internet protocol addresses are reported by copyright owners as being used to infringe copyright, and they must keep track of the number of reports about each subscriber and must compile on an anonymous basis a list of those reported on. After obtaining a court order to obtain...

France has been through a national tragedy, with the murder of three children and their teacher outside a Jewish school in Toulouse on the morning of 19 March 2012, coming just days after attacks resulted in the death of three soldiers in nearby towns. The killer was quickly identified and located; he had barricaded himself inside his home, where he was killed by police on the morning of 22 March, after more than 32 hours of negotiation with no result. At the same time, the Paris headquarters of the news channel Al Jazeera received an anonymous letter, postmarked 21 March 2012, claiming responsibility...

On 25 April 2012, a proposal of the committee on press crimes, unwanted communication and stalking was officially published. The committee's task was to assess the need to reform the "press crimes" legislation taking into consideration the jurisprudence of the European Court of Human Rights. In addition, the committee had to assess if there was a need for legislation prohibiting the communication to a target which does not want to receive, and consider if there was a need to criminalise the so called stalking. The committee suggests adding a new criminal provision (Sec. 1 a §) on unwanted communication...