CNIL opinion on the creation of a database for terrorism offenders (FIJAIT)
Tue 21 Apr 2015, 12:25

The government legislative proposal to create a national database of persons who committed terrorism crimes, foreseeing similar procedural treatment as the existing databases on sexual or violent offenders (database currently examined by the Constitutional Council and the European Court of Human Rights). CNIL opinion covered such aspects as the length of data storage, automatic inscription of certain persons and the recipient of data.

The detailed CNIL consultation input is available here.

ECtHR decision: Commercial websites could be liable for users’ comments
Tue 16 Jun 2015, 20:00

The European Court of Human Rights (ECtHR) has ruled that the Estonian news site Delfi may be held responsible for anonymous and allegedly defamatory comments from its readers. This goes against the European Union’s e-commerce directive, which guarantees liability protection for intermediaries that implement notice-and-takedown mechanisms on third-party comments.

Therefore, one of the worrying aspects of the ECtHR decision is that it may encourage the idea that intermediaries are liable for "manifestly unlawful" content, without specifying what "manifestly unlawful" actually means.

Private messages at work can be read by European employers
Thu 14 Jan 2016, 11:26

Employers can read workers' private messages sent via chat software and webmail accounts during working hours, the European Court of Human Rights ruled in Barbulescu vs. Romania.

However, as this article (available only in Romanian) analyses this does not mean that there is no privacy at the working space and that the employer is able to monitor the employees without discretion.

Access Now to human rights court: GCHQ surveillance violates human rights
Wed 10 Feb 2016, 06:20

Access Now has intervened in a case before the European Court of Human Rights, detailing how the surveillance conducted by the British intelligence agency GCHQ violates international human rights law and policy.

 

Human Rights Court: Romania breached journalist's right to freedom of expression
Wed 28 Jun 2017, 17:40

The European Court of Human Rights found on June 27 that Romania breached the rights to freedom of expression of Constanta-based journalist Feri Predescu. A local court had condemned the journalist for the statements she made about the Constanta mayor Radu Mazare in a 2006 TV show. With this decision, the ECHR has asked Romania to pay the journalist EUR 14,000 in material damages and EUR 4,500 in moral damages.

Turkey: Court backs MP over intelligence service human rights complaint
Wed 19 Jul 2017, 00:39

Human rights judges have backed a Turkish MP, who complained that the six week interception and surveillance of all electronic communication in the country, amounted to a breach of human rights. The European Court of Human Rights’ 18 July decision in the case Mustafa Sezgin Tanrıkulu v. Turkey (no. 27473/06) declared a Violation of Article 8 and a Violation of Article 13.

The decision is available here.