Category Archive: Data protection

Privacy Surgeon launches EU initiative to accelerate class action claims for breaches of privacy and data protection

By Simon Davies The Privacy Surgeon has launched an EU-wide initiative to massively increase the number of class action legal claims against governments, security services and corporations. The aim of this ambitious exercise is to force greater accountability from such organisations by supporting anyone in Europe to participate in litigation. The concept of class action …

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How law enforcement cooperates – and what we should do about it

In the second part of a two-part series, Simon Davies examines the ongoing controversy over arrangements for exchange of information and judicial process between nations. Last week, the European Parliament approved a new Umbrella Agreement to protect personal information that is passed between the law enforcement authorities in the EU and the US. It’s a …

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If you figure that privacy advocates are irrelevant, here’s why you should think again

By Simon Davies (This article appeared originally on the website of the International Association of Privacy Professionals (IAPP) in August 2016. In recent months, a small but tenacious army of privacy and consumer rights activists has been quietly ramping up for an assault on poor privacy and data protection practices by companies and governments. These …

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The Belgian decision about Facebook cookies has huge data protection and press freedom implications

By Simon Davies Like many other people, I’ve been grappling with the intricacies of the recent Belgian court decision about Facebook’s use of cookies (the English text of which is, at last, here.) I’m coming around to the view that the implications are far broader than we might imagine and it’s a little bewildering that there …

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Data consent Part Two: For the sake of Europe’s privacy, it’s time we moved on from the unworkable consent model

 By Simon Davies Last week I published a post that questioned whether Europe’s data consent regime was any longer sustainable. The response to this blog was interesting. Rather than being pilloried by colleagues, I received overwhelming positive comments, both privately and on Twitter. Many took the view that consent was becoming meaningless, and that either …

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Why the idea of consent for data processing is becoming meaningless and dangerous

 By Simon Davies Over the past couple of years I’ve noticed a growing discord among my colleagues on the issue of consent in data protection. Indeed I’d go as far as saying that many believe that this pillar of rights is becoming a dangerous illusion. I’m starting to agree. I don’t say this lightly. All …

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Why privacy commissioners are betraying human rights

By Simon Davies I want to briefly describe a small but messy footnote to history that just unfurled this week. This tale may explain why a big chunk of the privacy world is falling to pieces through neglect and betrayal by some privacy authorities. Many readers will be familiar with the role of privacy and …

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Five uncomfortable facts about the CJEU Safe Harbour decision

  By Simon Davies This week the CJEU, Europe’s highest court, struck down a long-standing arrangement that allowed the flow of personal information between the EU and the US. The court ruled that, in essence, the “Safe Harbour” agreement isn’t worth the paper it is written on because the US simply cannot guarantee that it …

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European direct marketers launch the most disgraceful video campaign in history

 By Simon Davies —- A response from FEDMA appears below this article — There are moments when parody turns to travesty and there are moments when legal interpretation becomes a constructed lie. The Federation of European Direct and Interactive Marketing (FEDMA) has just achieved both conditions. FEDMA is one of the two dominant European direct …

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Why Denmark’s data protection is a disgrace

By Simon Davies There’s a catchy line from Hamlet that – in modern times – is usually abbreviated to “There’s something rotten in Denmark”. That quote could well apply both to Danish data protection and to the national authority that supervises it. Perhaps it’s not fair to single out that delightful kingdom, but I will …

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