News and Research articles on Courts

Transnational collective actions for cross-border data protection violations

Federica Casarosa, European University Institute
PUBLISHED ON: 16 Sep 2020 DOI: 10.14763/2020.3.1498

Although the GDPR paves the way for a coordinated EU-wide legal action against data protection infringements, only a reform of private international law rules can enhance the opportunities of data subjects to enforce their rights.

Anchoring the need to revise cross-border access to e-evidence

Sergi Vazquez Maymir, Vrije Universiteit Brussel
PUBLISHED ON: 16 Sep 2020 DOI: 10.14763/2020.3.1495

The percentages and figures used in the impact assessment accompanying the European Commission’s e-evidence package strongly influence the analysis of the problem and limit the assessment of the problem of cross-border access to e-evidence to technical and efficiency considerations.

The European Commission recently released its first review of two years of application of the General Data Protection Regulation (GDPR). René Mahieu and Jef Ausloos do not agree with the largely positive self-assessment and explain their main points of contention by summarising their own submission to the Commission.

WhatsApp and political instability in Brazil: targeted messages and political radicalisation

Rafael Evangelista, State University of Campinas (Unicamp)
Fernanda Bruno, Federal University of Rio de Janeiro (UFRJ)
PUBLISHED ON: 31 Dec 2019 DOI: 10.14763/2019.4.1434

This paper analyses the spread of misinformation in the context of 2018 Brazilian elections. We give a general overview of the Brazilian political context, its media ecosystem and the weaponisation of the country’s most popular messaging app, WhatsApp, as a political persuasion tool. The current architecture of the platform does not allow, once appropriated for purposes of election campaigns, users to notice or become aware that they are being monitored and managed.

Is the “European approach” an adequate response to the challenges of disinformation and political manipulation, especially in election periods?

The regulation of online political micro-targeting in Europe

Tom Dobber, University of Amsterdam
Ronan Ó Fathaigh, University of Amsterdam
Frederik J. Zuiderveen Borgesius, Radboud University
PUBLISHED ON: 31 Dec 2019 DOI: 10.14763/2019.4.1440

This paper discusses how online political micro-targeting is regulated in Europe, from the perspective of data protection law, freedom of expression, and political advertising rules.

Data subjects as data controllers: a Fashion(able) concept?

Lilian Edwards, Newcastle University
Michèle Finck, Max Planck Institute for Innovation and Competition
Michael Veale, University College London
Nicolo Zingales, Tilburg University

PUBLISHED ON: 13 Jun 2019

Recent case-law of the European Court of Justice has substantially widened the notion of “data controller" in unclear and potentially onerous ways for a range of actors involved in personal data processing. This has worrying implications for data subjects who may be characterised as controllers, and for emergent decentralised and privacy protective technologies.

Not just one, but many ‘Rights to be Forgotten’

Geert Van Calster, KU Leuven
Alejandro Gonzalez Arreaza, KU Leuven
Elsemiek Apers, Conseil International du Notariat Belge
PUBLISHED ON: 15 May 2018 DOI: 10.14763/2018.2.794

Since being first developed through the case law of the European Court of Justice, the Right to be Forgotten (RTBF) has rapidly diffused beyond its European origins: in Latin America for instance. This paper documents the wide spectrum of interpretations the RTBF has had across countries and data protection authorities.