According to the CJEU, ‘financial gain’ is the key differentiator when seeking to determine whether hyperlinking to material that is hosted in breach of copyright makes the poster of the link liable. If there is financial gain, knowledge of the breach is to be presumed. Where there is knowledge, there is liability….
The proposed agreement for the exchange of passenger name record data between the EU and Canada has been described as incompatible with EU fundamental rights by Advocate General Mengozzi as it is currently drafted…
Robert Bond considers a recent CJEU judgment that considered governing law clauses in consumer contracts and gave further guidance on the meaning of ‘establishment’ in the data protection context…
A recent appeal against a monetary penalty notice shows the need to recognise a data breach where the duty to notify applies…
This issue has a special focus on algorithms, government and the law which I hope will awaken an interest in the topic among SCL members. I am very grateful to John Danaher and Rónán Kennedy for their help in producing these articles, which arise from a seminar organised by Galway University. For reasons of space…
Tim Turner looks at the strange shift in the ICO’s position on the GDPR which seems to raise important questions about the Information Commissioner’s independence….
Read More… from GDPR and the ICO: Influenced or Independent?
Aisling de Paor highlights some of the ethical and legal concerns arising with use of algorithms based on genetic information, and advocates the need to appropriately control and regulate these new technologies….
Read More… from The Legal Consequences of Genetic Prediction
John Danaher introduces our focus on algorithms in legal and governmental decision-making and explains some of the basic problems. You can find further linked articles in the side-panel….
Read More… from Algorithmic Decision-Making and the Problem of Opacity
If algorithmic government does ever achieve its full potential, John Morison offers an intimidating insight into the world we might see…
Read More… from Algorithmic Governmentality: Techo-optimism and the Move towards the Dark Side
Niall Ó Brolcháin asks how sovereign governments that were constituted in a bygone age can move into a new technological era that demands openness and transparency….