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Ireland’s privacy ranking

Ireland’s report card does not read well in the Privacy International “2007 International Privacy Rankingâ€?

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Human Rights Commission

THE HIGH COURT 2006 No. 3785P   Between   DIGITAL RIGHTS IRELAND LIMITED Plaintiff And   THE MINISTER FOR COMMUNICATIONS, MARINE AND NATURAL RESOURCES, THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM, THE COMMISSIONER FOR THE GARDA SIOCHANA, IRELAND AND THE ATTORNEY GENERAL Defendants 20th December 2007 1. The High Court (Clarke J.) has adjourned the application of the Irish Human Rights Commission (seeking leave to be heard in the proceedings as amicus curiae) to 28th January 2008. 2. The […]

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Talk on Data Retention at Barcamp Ireland

Digital Rights Ireland Originally uploaded by Tom Raftery. I attended Barcamp on Saturday, held in Enterprise Ireland’s Webworks Building in Cork. Digital Rights Ireland‘s Chairman TJ McIntyre had asked me to give a talk about their court case challenging Data Retention. The day itself was very impressive- all thanks to the efforts of the organisers- and the grid of talks soon filled up with an impressively varied choice of topics. My presentation was first, and I ran through who DRI […]

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Submission to the Oireachtas Committee on Health re Part 2 of the General Scheme of the Health Information and Patient Safety Bill

This submission was made today, slightly after the deadline of 3pm. Nonetheless, I have submitted it for the consideration of the Oireachtas Committee on Health in response to their call for submissions. I post it here for reference. Printable version can be downloaded here: *** HEALTH INFORMATION AND PATIENT SAFETY BILL Analysis of Part 2: PERSONAL DATA, PERSONAL HEALTH DATA AND PERSONAL HEALTH INFORMATION By Simon McGarr, McGarr Solicitors Section 5 (1) “Nothing in this Act shall be construed as […]

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Application by EFF and DRI in DPC v Facebook and Schrems

On Friday 17th June 2016, McGarr Solicitors attended before Mr. Justice McGovern in the High Court on behalf of Digital Rights Ireland and the Electronic Frontier Foundation, a US non-profit. Counsel applied for leave to file papers to support applications by our clients to be joined as amici curiae in the case of Data Protection Commissioner -v- Facebook Ireland Limited and Maximillian Schrems. The DPC is seeking a reference to the CJEU arising from Mr. Schrems’ complaint regarding the transfer […]

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How does the FTC know what data is being transferred from the EU to the US?

Seal of the US Federal Trade Commission

On the 8th January last, a report caught my eye. At the Consumer Electronics Show in Las Vegas, one of the Federal Trade Commissioners was talking about the Schrems case and its potential economic impact. Commissioner Brill said that the “vast majority of data impacted by Safe Harbour decision is HR data, which impacts jobs on both sides of the Atlantic.” I was struck by this assertion. It seemed unlikely, to say the least, that the volume of data transferred […]

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Safe Harbour Decision ruled invalid by CJEU

Max Schrems took his case when the Irish Data Protection Commissioner refused to accept his complaint that Facebook was transferring his data to the US, where he did not believe it was being treated in accordance with EU data protection law. The Commissioner rejected the complaint on the basis that it was “frivolous and vexatious” as they had no power to second-guess a EU commission decision that the Safe Harbour scheme between the EU and US provided ‘adequate’ protection. Today, the […]

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CJEU Judgement: Google -v- AEPD and the rise of EU privacy law

The Court of Justice of the European Union is the highest court in the EU. This year has seen a landmark set of judgments from the court around issues of Privacy and, more broadly, the assertion of the Charter of Fundamental Rights as a significant Human Rights document. The most significant of these is, of course, the Digital Rights Ireland case in which we act for the Plaintiff. But today saw another assertion of the privacy rights of the individual, with […]

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ECJ Advocate General’s Opinion recommends Data Retention directive be struck down

The Advocate General of the European Court of Justice has delivered his opinion in the Digital Rights Ireland challenge to the Data Retention Directive. He says: I propose that the Court should answer the questions referred by the High Court in Case C 293/12 and the Verfassungsgerichtshof in Case C 594/12 as follows: (1) Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the […]

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Making the SOPA Sausages

Bismark reputedly said that nobody should get too close to the making of laws or sausages. On Thursday, on behalf of the StopSOPAIreland.com campaign, I took a trip to Leinster House, to catch a glimpse of the sausage machine at work. Together with Ian Bergin, who runs the Facebook campaign, and TJ McIntyre of DRI, I met with Catherine Murphy TD to discuss her scheduled exchange of questions with Minister Sherlock. We experienced the minute-by-minute changes of timetables and proposals […]

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