davinia brennan

Subscribe to davinia brennan via RSS

The Office of the Data Protection Commissioner (ODPC) recently released the results of the second Global Privacy Sweep. Twenty-six privacy enforcement authorities, including Ireland, participated in the Sweep, which examined 1,211 apps. The theme of the Sweep, Mobile Privacy, was chosen due to many privacy enforcement authorities having identified mobile apps as a key area of focus in light of the privacy implications for customers.

The results of the Sweep provide an insight into the extent to which organisations are informing consumers about their privacy policies. The Sweep shows:-

·         Three-quarters of apps requested at least one permission, the most …

Continue Reading Mobile Apps – Results of Global Privacy Sweep raise privacy concerns

The CJEU in Joined Cases C-141/12 and C-372/12 has clarified the scope of a data subject’s right of access to a copy of their personal data. The CJEU’s ruling may serve to lighten the burden of access requests on organisations. It confirms that the Data Protection Directive 1995 (the Directive) does not establish a right of access to any specific document or file in which personal data are listed or used, nor does it specify the material form in which personal data must be made accessible. Member States enjoy a margin of discretion to determine the form in which to make personal data accessible, so long as it is intelligible. Accordingly, the CJEU found that the Dutch authorities, in this case, had met their legal obligations under data protection law by extracting from the relevant documents the personal data relating to the data subject.Continue Reading CJEU clarifies scope of right of access to personal data

The CJEU in Joined Cases C-141/12 and C-372/12 has clarified the scope of a data subject’s right of access to a copy of their personal data.  The CJEU’s ruling may serve to lighten the burden of access requests on organisations. It confirms that the Data Protection Directive 1995 (the Directive) does not establish a right of access to any specific document or file in which personal data are listed or used, nor does it specify the material form in which personal data must be made accessible.  Member States enjoy a margin of discretion to determine the form in which to make personal data accessible, so long as it is intelligible. Accordingly, the CJEU found that the Dutch authorities, in this case, had met their legal obligations under data protection law by extracting from the relevant documents the personal data relating to the data subject.Continue Reading CJEU clarifies scope of right of access to personal data

In McCambridge Ltd v Joseph Brennan Bakeries  [2014] IEHC 269 (27 May 2014), the High Court considered the correct approach to assessing an account of profits for passing off.  The Court held that the defendant was obliged to account to the plaintiff for such portion of its profits as were attributable to its decision to dress up the packaging of its sliced brown bread in a get up that unintentionally passed it off as the highly-regarded loaf of the plaintiff.

The Court highlighted that the purpose of an account of profits is not to punish an infringer, but to remove from the infringer any unjust enrichment through stripping out the profits attributable to the infringement.Continue Reading Guidance on assessing an account of profits for passing-off

The Court of Justice of the European Union (CJEU) has delivered its judgment in Public Relations Consultants Association Ltd (PRCA) v Newspaper Licensing Agency Ltd and Others, Case C-360/13. The CJEU confirmed that internet users who read an article on a media monitoring website do not require a copyright licence from the publisher, as it falls within an exception to copyright infringement.

The decision provides reassurance to internet users that they can view media monitoring reports online without fear of liability for copyright infringement.Continue Reading CJEU rules no copyright licence required to view online media monitoring reports

The European Parliament has passed a resolution in response to the U.S. National Security Agency (NSA) surveillance scandal.  The resolution calls for the suspension of the U.S. – EU Safe Harbour Framework immediately, unless the U.S. satisfies the concerns of the EU Parliament.  

However, the Parliament’s resolution does not affect the validity of the Safe Harbour Framework. Only the Commission can renegotiate the Safe Harbour Framework. Last year, the Commission issued 13 recommendations to improve the functioning of the Safe Harbour scheme, and called upon U.S. authorities to remedy these issues by summer 2014 (see …

Continue Reading Calls for Suspension of Safe Harbour