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.
News and Research articles on Courts
This paper examines the contradictory legal geographies that domestic courts currently negotiate when dealing with online and transnational child luring.
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.
Facing fragmentation of digital space in the Snowden aftermath, this article considers regulatory models available to avoid the balkanisation of the internet.
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.
As the Covid-19 pandemic expanded across the world, so did the debates on whether fighting this sanitary emergency would require the use of personal data, and on how that would impact pre-established data protection frameworks.
Miglė Petkevičienė -- lawyer turned part-time home-teacher during the Covid-19 -- waives a privacy report card and fills it out for Lithuania. Would your country pass the test?
The COVID-19 pandemic represents the most urgent situation in relation to both disinformation and misinformation since the establishment of European Union’s 2018 codes of practice on disinformation. Pressure to change the regulatory framework is growing.
Complex and possibly irreversible legal initiatives - that normally take years to be debated and responsively shaped - are being implemented overnight.
Feel like living in a dystopia? Take a deep breath, get a strong coffee, and let us challenge your ideas of where reality ends, and sci-fi begins…
A young entrepreneur finds herself battling uphill against GDPR enforcement organisations in an effort to bring her AI personal assistant to the market. Can her technological wits outwin the legal shortcuts these organisations have in place?
On 19 March 2020, the Israeli High Court of Justice rendered temporary orders that put checks and balances on wide-ranging emergency tracking and surveillance regulation issued by the government.
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?
Will the same cross-device technologies that track our journeys through the commercial marketplace now follow us into the polling booth?
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.
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.
Polish digital rights organisation Panoptykon Foundation filed complaints against Google and Interactive Advertising Bureau (IAB) Europe under the General Data Protection Regulation (GDPR). Responses were fired quickly. Here's the reaction to the responses.
This special issue brings together the best policy-oriented papers presented at the 2017 Association of Internet Researchers (AoIR) conference in Tartu, Estonia.
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.