Friday, July 18, 2014

(Un) Safe Harbor under Court of Justice of the European Union scrutiny

On 18 June 2014 an Irish High Court Judge referred a question to the Court of Justice of the European Union (CJEU) and asked for a ruling that would take into consideration the Commission adequacy decision on data transfers to the USA (Safe Harbor). 

In particular, the CJEU was asked to determinate whether a national data protection authority has to blindly follow the Commission’s Decision (Safe Harbor). If this is not the case, is such authority able to carry out its own review of a third country’s level of data protection.

Thursday, July 3, 2014

Riley v California: Cell phones cannot be searched without a warrant says US Supreme Court

In the recent decision of Riley v California, the US Supreme Court has unanimously voted in favor of the protection of digital information that can be obtained from an arrested individual’s cell phone. The decision raised concerns whether digital content stored on a cell phone should enjoy privacy protection.