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Kyrgyz Republic (Kyrgyzstan): Mandatory Video Surveillance Introduced in Public Places

(Aug. 3, 2015) On May 18, 2015, the President of Kyrgyzstan signed into law the Outdoor Video Surveillance Act (Law No. 103 (May 18, 2015), Ministry of Justice website (in Russian)). The Act obligates the municipal authorities of the two largest Kyrgyz cities, Bishkek and Osh, and businesses registered in these jurisdictions to install video […]

France; France: Parliament Adopts New Surveillance Legislation

(July 10, 2015) Controversial national intelligence and surveillance legislation was adopted by the French Senate on June 23, 2015, and by the National Assembly on June 24, 2015. (Police et sécurité: renseignement, Assemblée Nationale website (last visited July 9, 2015).) This action follows a long legislative process that involved the establishment of a joint commission […]

Germany: Parliament Debates Data Retention Act

(June 18, 2015) On June 12, 2015, the German Bundestag (parliament) debated in a first reading a draft Data Retention Act. (Entwurf eines Gesetzes zur Einführung einer Speicherpflicht und einer Höchstspeicherfrist für Verkehrsdaten [Draft Act on Introducing a Requirement to Store Traffic Data and a Maximum Retention Period], DEUTSCHER BUNDESTAG: DRUCKSACHEN UND PROTOKOLLE [BT-Drs.] 18/5088 […]

Sweden: District Court Declares Drone Use Does Not Constitute Camera Surveillance

(May 1, 2015) On April 13, 2015, the Administrative District Court of Malmö announced that using a drone to take pictures of an outdoor public garden is not camera surveillance that requires a prior permit. (Jaqueline Balcer Bednarska, Foto med drönare är inte kameraövervakning – domstol upphäver länsstyrelsens beslut, DAGENS JURIDIK (Apr. 14, 2015).) The […]

Netherlands: Court Strikes Down Data Retention Law

(Mar. 23, 2015) On March 11, 2015, the district court of The Hague in the Netherlands struck down the country’s 2009 Telecommunications Data Retention Act (TDRA), which requires telephone and Internet service providers to save the traffic and location data of their users for 12 months. The court ruled that the Act violates the right […]

Australia: Committee Report on Data Retention Bill Released

(Mar. 4, 2015) On February 27, 2015, the Australian Parliamentary Joint Committee on Intelligence and Security (PJCIS) released an advisory report on the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014 (Advisory Report). (PJCIS,Advisory Report on the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014 (Feb. 2015), Parliament of Australia website.) Data Retention […]

Australia: Damages Awarded in Revenge Porn Case

(Feb. 12, 2015) In a recent decision, the Supreme Court of Western Australia awarded a plaintiff more than AU$48,000 (about US$37,500) in damages for breach of confidence in a case involving photographs and videos of her of a sexual nature being shared online by the defendant, the plaintiff’s former boyfriend. The judge also granted an […]

United States: Florida Act on Education Data Privacy

(May 29, 2014) On May 12, 2014, Florida Governor Rick Scott approved “An Act Relating to Education Data Privacy,” which prohibits public schools from collecting, obtaining, or retaining information on the political affiliation, voting history, religious affiliation, or biometric information of a student or a parent or sibling of a student. (Ch. 2014-41, LAWS OF […]

Court of Justice of the European Union: Data Retention Directive Held Invalid

(May 21, 2014) On April 8, 2014, the Court of Justice of the European Union (ECJ) issued a much-anticipated judgment concerning the legality of Directive No. 2006/24/EC, commonly referred to as the Data Retention Directive. (Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the Retention of Data Generated […]

Court of Justice of the European Union: Decision Upholds Right to Have Personal Data Erased

(May 21, 2014) On May 13, 2014, the Grand Chamber of the European Court of Justice (ECJ) delivered its judgment in a case involving a Spanish national and Google Inc., in which it upheld the request of the Spanish national to order Google to withdraw personal data related to him and to prevent further access […]