Jul
23

The EU-US Privacy Shield is No More

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This article was written by  Dr. Warren Ciantar and Dr. Claude Micallef-Grimaud . On Thursday 16 th July 2020, the Court of Justice of the European Union ('CJEU') ruled that the 'Privacy Shield' agreement allowing for the transfer of personal data between the European Union and the United States of America does not provide sufficient protection from US surveillance to EU citizens. To fully appreciate the context and ramifications of this decision, one must go back to 2013, when a young Austrian privacy activist by the name of Max Schrems raised a complaint ag...
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Oct
09

Cookies: ECJ Confirms Illegality of Pre-ticked Boxes

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The European Court of Justice ('ECJ') has given its preliminary ruling following a request from the German Federal Court of Justice during a case between the Federation of Consumer Organisations ('the Federation') and Planet49 GMBH ('Planet49'), an online gaming company.    The issue concerned the consent of participants in a promotional lottery being organized by Planet49, to: i)     have their personal data transferred to the Planet49's partners and sponsors; ii)    the storage of their information and; iii)  the access of...
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Jul
22

New GDPR Guidelines on CCTV Surveillance

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In today's world, video surveillance has become ubiquitous to the point that most people hardly even notice the presence of cameras and in some instances even expect cameras to be in place. Such an attitude towards the use of cameras belies how commonplace they have become and how accustomed we have grown to being constantly under surveillance. Acknowledging this reality, the European Data Protection Board ('EDPB'), which was established just over a year ago with the introduction of the General Data Protection Regulation ('GDPR'), has recently made available for p...
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Nov
05

Government Surveillance - Watchful Protector or Immoral Spy?

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The Orwellian 'Big Brother' analogy has been used ad nauseam and is very well-known among the general populace, often used in sensational headlines whenever any issue regarding privacy finds itself in the news. For the sake of using a different analogy as well as to portray a different, perhaps more modern, perspective on surveillance, consider one of the final scenes of Christopher Nolan's "The Dark Knight". Towards the end of the movie, the titular hero reveals to his associate, Mr Lucius Fox, that he has developed a city-wide surveillance system, with the inten...
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