May 122022
 May 12, 2022  Posted by  Business, Court, Laws, Non-U.S., Surveillance

Marie Daly of Covington and Burling writes:

Nine million texts are sent daily in Ireland, a huge increase on when the first text was sent in 1992.  All are subject to the data retention and access regime currently in place under the Communications (Retention of Data) Act 2011.  That regime has now been given the kiss of death by the Court of Justice of the European Union (“CJEU”) in its recent decision on a referral by the Irish Supreme Court dealing with the validity of electronic communications evidence collected under it.


The CJEU pointed out that the authority for general retention of electronic communications by an EU member state like Ireland, in relation to its citizens, had to be very narrowly interpreted in order to protect the fundamental rights of privacy, data protection and freedom of expression under EU law.  The objective for which the data is retained grounds the authority for which it can be accessed.

So while general data retention may be authorized for threats to national security, it is a step too far when used to combat serious crime.  Limited access to targeted retained data can be authorized to investigate serious crime but it must be based on targeted, rather than general, retention.

Read more at InsidePrivacy.

May 112022
 May 11, 2022  Posted by  Breaches, Business, Court, Non-U.S., Online

Molly Quell reports:

Facebook’s parent company Meta is asking the European Union’s highest court to overrule a decision by Germany’s competition watchdog that found Facebook abused its position as the largest social network in the country to violate data protection regulations.

The European Court of Justice held a hearing Tuesday over whether the German Federal Cartel Office, or the Bundeskartellamt, overstepped its authority when it concluded in 2019 that Facebook was using its dominance in the social media market to violate EU data privacy laws and ordered it to stop sharing data across its platforms.

Read more at Courthouse News.


May 112022
 May 11, 2022  Posted by  Surveillance, U.S.

Cindy Carcamo reports:

Immigration and Customs Enforcement has crafted a sophisticated surveillance dragnet designed to spy on most people living in the United States, without the need for warrants and many times circumventing state privacy laws, such as those in California, according to a two-year investigation released Tuesday by the Georgetown Law Center on Privacy & Technology.

Read more at Los Angeles Times.  h/t, FourthAmendment.com

Related: ICE Has Spent $2.8 Billion on Surveillance Tech Since 2008: Report h/t, Joe Cadillic

May 112022
 May 11, 2022  Posted by  Breaches, Court, Healthcare, Laws, U.S.

Kendall Heebink writes:

A plaintiff filed suit against defendant Prisma Health and third party defendant RevMD Partners LLC on Monday in the District of South Carolina. The complaint for damages and injunctive relief cites violations of the Health Insurance Portability and Accountability Act (HIPAA) and the Fair Debt Collection Practices Act.

Read more at Law Street Media.