Matheson’s technology and IP law blog

Irish Data Protection Commissioner comments on social media companies in light of Google Spain case

May 20th, 2015


Irish Data Protection Commissioner comments on social media companies in light of  the EU (CJEU) ruling in the Google Spain case.  The case involved a Spanish citizen’s request to be removed from Google’s search index. The CJEU considered the ‘establishment’ test under the 1995 Directive, which states that processing of personal data does not necessarily have to be carried out where the controller is established in order for the Directive to apply – it is sufficient for the processing to… Read more…

German Court Ruling on Facebook’s Personal Data Gives Legal Certainty to Irish Data Controllers

September 12th, 2014


An order issued by the Office of the Data Protection Commissioner for the German state of Schleswig-Holstein (“ULD”), against the administrator of a Facebook Page, has been overruled by a German appeals court. The court has ruled that Facebook, as data controllers, are legally responsible for the personal data of visitors to a Facebook Page. The Higher Administrative Court of Schleswig-Holstein ruled yesterday that businesses who create and administer Facebook Pages, to connect with clients, customers and potential customers, have… Read more…

PRISM/Facebook: High Court refers to ECJ on Safe Harbour

June 26th, 2014


On 18 June 2014, Mr Justice Hogan delivered his judgment to the High Court to refer the judicial review case of Schrems v. the Data Protection Commissioner (the “DPC”) to the ECJ. This case was brought before the High Court by Maximillian Schrems, an Austrian student. Schrems alleged that the DPC had erred in law in his decision not to investigate that data processed by Facebook (and subsequently transferred to the USA) is not given adequate data protection, despite the… Read more…

Irish Data Protection Commissioner to audit major social media companies

February 14th, 2013


The Irish Data Protection Commissioner (the “DPC”) has stated his intention to carry out scheduled audits of major social media companies that have operations in Ireland. Commissioner Billy Hawkes said that many such companies had their European headquarters in Ireland and therefore they fell under his jurisdiction as Irish Data Protection Commissioner. He added that Ireland had a significant responsibility to the rest of Europe in this regard. Under the Data Protection Acts 1998 and 2003, the DPC has powers… Read more…