(Approximation of Laws – Opinion) Reference for a preliminary ruling – Processing of personal data and protection of privacy in the electronic communications sector – Directive 2002/58 / EC – Scope – Article 1, paragraph 3 – Article 15, paragraph 1 – Article 4, paragraph 2, TEU – Charter of Fundamental Rights of the European … Continue reading Ordre Des Barreaux Francophones and Germanophone and Others v Council: ECJ 15 Jan 2020
(Approximation of Laws – Opinion) Reference for a preliminary ruling – Processing of personal data and protection of privacy in the electronic communications sector – Protection of national security and the fight against terrorism – Directive 2002/58 / EC – Scope – Article 1, paragraph 3 – Article 15, paragraph 3 – Article 4, paragraph … Continue reading La Quadrature Du Net and Others: ECJ 15 Jan 2020
ECJ Opinion – Electronic communications – Directive 2006/24/EC – Retention of data generated or processed in connection with the provision of electronic communications services – Validity – Article 5(4) TEU – Proportionality of action of the European Union – Charter of Fundamental Rights – Article 7 – Respect for privacy – Article 8 – Protection … Continue reading Digital Rights Ireland v The Minister for Communications, Marine and Natural Resources etc: ECJ 12 Dec 2013
Course of Transmission includes Voicemails The defendants appealed against convictions for conspiracy to intercept telephone voicemail messages whilst employed in various positions in newspapers. The issue boiled down to when the ‘course of transmission’ of a voicemail message ended, that is whether a voicemail message which was saved by the recipient on the voicemail facility … Continue reading Edmondson and Others v Regina: CACD 28 Jun 2013
The claimant sought judicial review of legislative provisions requiring Internet Service Providers to become involved in regulation of copyright infringements by its subscribers. They asserted that the Act and proposed Order were contrary to European law. Held: The request was refused. No obligation had yet fallen on the claimant, and the exact form and rules … Continue reading British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 20 Apr 2011
ECJ Failure of a Member State to fulfil its obligations – Processing of personal data and the protection of privacy in the electronic communications sector – Articles 6 and 9 of Directive 97/66/EC – Requirement . .
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in breach of this condition. The Court considered whether it was appropriate to protect the … Continue reading The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012
ECJ Opinion – Information Society – Intellectual property rights – Directive 2004/48/EC – Copyright and related rights – Directive 2001/29/EC – Illegal downloading on the Internet – Peer to peer through software . .
ECJ Information society Obligations of providers of services Retention and disclosure of certain traffic data Obligation of disclosure Limits Protection of the confidentiality of electronic communications . .
The provisions of article 13, as referred to in article 15(1) of Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector ([2002] OJ L201/37) must be interpreted as . .
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