Irish High Court Rejects Data Protection Commissioner’s Objection To Copyright Infringement Graduated Response System
On June 27, 2012, Mr Justice Charleton gave his decision in the judicial review action taken by the Irish recording companies to prevent the graduated response system (GRS) agreed with eircom, the largest internet service provider in Ireland, being shut down as illegal…
European Court of Justice Judgment Opens Door for Challenges to European Commission Environmental Decisions, Group Says
June 18, 2012 by GlobalLaw
Filed under Environment
BRUSSELS—An EU Court of Justice ruled June 14 in a pesticide case that environmental advocacy groups can challenge a wide range of decisions made by the European Commission (Stichting Natuur en Milieu and Pesticide Action Network Europe v. European Commission, European Court of Justice, T-338/08, 6/14/12).
ECJ: EU Member States May Require ISPs To Disclose Account Data In Copyright Suits
European Union member states may, but do not have to, require electronic communications services to disclose subscriber account data to intellectual property owners pursuing civil copyright infringement litigation, the European Court of Justice, third chamber, ruled April 19, 2012 (Bonnier Audio AB v. Perfect Communication Sweden AB, E.C.J., No. 10-461, April 19, 2012).
ANALYSIS: How To Approach The Conflict Between Data Privacy Laws And Cross-Border E-Discovery
Cross-Border Discovery Is on the Rise, and So Are Violations of Data Privacy
In today’s expanding global economy characterized by the rapid advancement of technology, information is increasingly shared more easily and readily across international borders. While there are innumerable advantages to such advancement, it simultaneously poses certain legal challenges. The simple act of sharing information across national borders, even when shared unwittingly, can violate data protection laws in any number of countries in which an organization operates.
ANALYSIS: European Court Of Justice’s Landmark Ruling That Internet Service Providers May Not Be Ordered To Filter Their Networks
In a long-awaited ruling, the European Court of Justice (“ECJ”) recently held that an injunction imposed on an internet access provider (“IAP”) 1 requiring it to install a general filtering system amounts to a general monitoring obligation, which is prohibited by Article 15(1) of the EU e-Commerce Directive (Scarlet Extended SA v. SABAM (Case C-70/10) ECJ, November 24, 2011) (see report at WDPR, December 2011, page 19).
ANALYSIS: Ontario’s New Tort Of Invasion Of Privacy: Implications For Employers
The Court of Appeal for Ontario recently recognized in Jones v. Tsige (Jones) that breaches of an individual’s privacy can provide the basis for a civil cause of action formally known as the tort of “intrusion upon seclusion”.
The decision has implications for employers and underscores the importance of safeguarding sensitive personal information that employees have access to at work.
In Jones, Winnie Tsige, a bank employee, viewed the bank records of Sandra Jones, a fellow bank employee, without authorization at least 174 times over a four-year period. In doing so, Tsige gained access to Jones’ personal information, including her financial transactions, date of birth, marital status, and address. When Jones became aware of Tsige’s actions, she complained to the bank.
Brazilian Prosecutors File Lawsuit Seeking $10.7 Billion From Chevron, Transocean
December 21, 2011 by GlobalLaw
Filed under Environment
Federal prosecutors in Brazil filed a lawsuit seeking 20 billion reais ($10.7 billion) in reparations from Chevron and Transocean Ltd. in connection with the November leakage of 3,000 barrels of oil at the site of an offshore well…
ANALYSIS: French Appeals Court’s Suspension Of U.S. Company’s Whistleblowing Scheme Despite CNIL Approval: Reasons And Implications
On September 23, 2011, the Labor Chamber of the Caen Court of Appeals upheld a decision suspending a whistleblowing scheme implemented by Benoist Girard, a subsidiary of the U.S. group Stryker, even though the French data protection authority, the Commission nationale de l’informatique et des libertés (CNIL), had inspected and approved the scheme before its implementation…
ANALYSIS: U.S. Supreme Court Strikes Down Vermont Prescription Data Mining Law
In a clear and resounding victory for data mining companies, the U.S. Supreme Court June 23 struck down a Vermont law prohibiting pharmaceutical companies from buying or using prescription data for marketing purposes…
India Launches National Tribunal for Environmental Cases
July 6, 2011 by GlobalLaw
Filed under Environment
A court dedicated to hearing environment-related matters started functioning July 4, according to officials of India’s Ministry of Environment and Forests…