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Iceland/European Court of Human Rights: Dismissal of Defamation Claim Violated Right to Respect for Private Life

(Nov. 20, 2017) On November 7, 2017, the European Court of Human Rights (ECtHR) found that the Icelandic Supreme Court had erred in ruling against a claim of defamation, and “had not struck a fair balance between the applicant’s right to respect for his private life under Article 8 of the Convention [for the Protection of Human […]

Netherlands: Referendum to Be Held on Surveillance Law

(Nov. 17, 2017) On November 1, 2017, the Electoral Council (Kiesraad) of the Netherlands publicly announced that, based on the more than 384,000 valid signatures received requesting it, a referendum on the Act on Intelligence and Security Services will be held within six months. (Press Release, Referendum over Wiv gaat door [Referendum on Wiv Coming Along], Kiesraad […]

Germany: New Law Allows Broadcasting and Recording of Court Proceedings

(Oct. 24, 2017) On June 22, 2017, and September 22, 2017, respectively, the German Bundestag (parliament) and the German Bundesrat (representing the states) passed an amendment to the German Courts Constitution Act that allows live audio broadcasting of court proceedings in a separate media room for trials of interest, broadcasting of the judgment and sentencing for […]

Vietnam: New Rules on Media for Children

(Oct. 13, 2017) On October 1, 2017, a new Ministry of Information and Communications circular, issued by Minister Truong Minh Tuan on June 23, 2017, came into force in Vietnam. It has provisions on media designed for children and requires warnings for viewer or reader discretion related to material not suitable for them.  The rules […]

Germany: Expanded Telecommunications Surveillance and Online Search Powers

(Sept. 7, 2017) On August 24, 2017, a controversial amendment to the German Criminal Code of Procedure entered into force in Germany that expanded the powers of law enforcement agencies to conduct online searches and source telecommunications surveillance (called a “State Trojan”). (Gesetz zur effektiveren und praxistauglicheren Ausgestaltung des Strafverfahrens [Act to Make Criminal Proceedings More Effective […]

Paraguay: New Law Prohibiting Unauthorized Advertising on Cellular Phones

(Aug. 1, 2017) On June 30, 2017, the President of Paraguay promulgated Law 5830 on prohibiting unauthorized advertising via cellular phones.  The Law gives users the power to decide whether they want to receive such advertising.  (Rige la Ley que Prohibe Publicidad No Autorizada en Telefonos Celulares, LA NACION (July 12, 2017).) Law 5830 creates a […]

Israel: Online Privacy Protection Regulations Adopted

(June 14, 2017) Comprehensive regulations for the protection of information stored online went into effect in Israel on May 8, 2017. (Protection of Privacy (Information Security) Regulations, 5777-2017, KOVETZ HATAKANOT [COLLECTION OF REGULATIONS] (Subsidiary Legislation) No. 7809 p. 1022, Ministry of Justice website (in Hebrew) (scroll down listings to No. 7809 to access).) The following are […]

European Court of Justice/Sweden: Invalidation of Data Retention Obligations

(Jan. 19, 2017) On December 21, 2016, the European Court of Justice (ECJ) delivered a judgment striking down Sweden’s Data Retention Act as inconsistent with provisions of the Charter of Fundamental Rights of the European Union. (Joined Cases C-203/15 & C-698/15, Tele 2, Sverige AB v Post-och Telestyrelsen and Secretary of State for the Home Department […]