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It remains fairly common for internet users to be denied access to websites when they choose not to accept (tracking) cookies. But can sites actually do this? Is it allowed? In this blog, we will look at the legal provisions applying to the use of tracking cookies.
Where the processing of personal data can be shown to be unlawful, the affected data subjects may claim, and in some cases receive compensation for immaterial damages from the company or organisation responsible for the processing, in other words, the controller. Looking at a recent verdict by the Rotterdam court of justice, this blog will try to identify the essentials governing a legal decision on the applicability of the right to compensation, as specified in Article 82 of the GDPR.
In recent years, Apple has been developing software that can detect child pornographic material on Apple devices. Now, although prevention of child abuse is a high-priority item on the agendas of politicians and policy makers, critics nevertheless fear that this new software may have the long-term effect of opening the door to a world of total surveillance. In this week’s blog we will examine how this software works and what the potential risks are.
For the greater good of freedom of expression and the free flow of information, practically none of the GDPR requirements apply to the world of journalism and mass media. When individuals object to publications detailing private information about them, they can appeal to the right to private life as defined in the ECHR. But when it comes to online publications, which prevails? The freedom of expression or the right to private life? That is the subject of this week’s blog.
For years now, Dutch privacy activist Michiel Jonker has been litigating against the city of Arnhem’s use of the citizen’s waste disposal card, going as far as appealing to the Council of State, the highest general administrative court in The Netherlands. In the end, the essence of the court’s ruling was that at heart, what the GDPR has been set up to do is regulating the processing of personal data, not prohibiting it. But what about protecting citizens and their personal data? What about protection mechanisms specified in the GDPR itself, like the minimisation of processed data?
When data subjects object to the processing of their personal data, they can claim the right to erasure, also known as the right to be forgotten. This blog discusses two practical cases of how such claims may be handled in a court of law.