France seeks to bypass EU top court on data retention
Paris invoked a rarely used argument to ask the country’s highest administrative court not to follow the Luxembourg ruling.
Paris invoked a rarely used argument to ask the country’s highest administrative court not to follow the Luxembourg ruling.
Location data drawn from electronic communications must only be used by law enforcement investigations involving ‘serious crimes’ and to prevent ‘serious threats to public security’, the European Court of Justice (CJEU) has ruled.
Claims for non-material damages – have been relatively low. However, a more recent decision issued by the Federal Constitutional Court indicates courts may soon be willing to entertain higher damages claims.
The Court of Justice of the European Union (CJEU) ordered Spain to pay the European Commission 15.5 million euros and a potential daily fine thereafter for failing to transpose the Data Protection Law Enforcement Directive (Directive (EU) 2016/680).
The decision means the Court of Justice of the European Union will need to clarify the framework for EU General Data Protection Regulation damages claims.
Social media giant had insisted only Ireland’s regulator could take action over infringements.
Phone data helped clinch murder conviction for Graham Dwyer in 2015 but he may go free.
The Senate Committee on Commerce, Science and Transportation held a hearing on the Invalidation of the EU-U.S. Privacy Shield and the Future of Transatlantic Data Flows.
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