In a decision as of 6 March 2012 that covers aspects of consumer rights related to data protection, the Berlin regional court ruled that several clauses of Facebook Ireland Ltd.'s terms and conditions violate German consumer laws and are therefore void (LG Berlin, Judgement of 6 March 2012, 16 O 551/109). Facebook Ireland Ltd. is the contract partner of all Facebook users that are not residents of the USA or Canada. Firstly, the court said that the users' consent in Facebook's terms and conditions regarding the use of their personal data for advertising purposes is void. The reason for this assessment is not known yet - however, in a case against Google, the regional court of Hamburg had decided in 2009 that a consent provided in terms and conditions to a certain use of personal data unreasonably disadvantages a consumer if they are not specifically informed about the intended use of … Continue Reading ››
Any readers aiming to get their organisation's response to the MoJ consultation ready in time for the 6 March deadline will find much food for thought in the ICO's initial analysis, published earlier this week. The Initial analysis of the European Commission's proposals for a revised data protection legislative framework covers both the draft Regulation and the proposed Directive on data protection in the context of criminal matters.   The ICO makes it clear that this is unlikely to be its last word on the proposals, with more detailed analysis to come as the legislative process kicks off. Nonetheless, the ICO's observations are an invaluable source for businesses currently analysing the potential practical implications. The ICO has focussed on aspects of the proposal which it views as unduly onerous or unlikely to work well in practice. Given the breadth and ambition of the European Commission's proposal, it is not surprising that … Continue Reading ››