Issue 3 / 2018

In the current CRi issue 3 (publication on: 15. Juni 2018) you find the following articles and case law:


Stoykovar, Radina, The Right to Data Portability, CRi 2018, 65-71

The right to data portability is innovative genuine data protection right, which defers from the long–established right to access. The analysis examines the scope of the provision in relation to the codified exceptions and its applicability and usability for data subjects and controllers in relation to the requirements for technical feasibility and the implementation of standards to facilitate the data exchange.

Lloyd, Ian, The Difficulty of Aligning Data Retention with Human Rights Protection, CRi 2018, 72-74

The article contrasts the use of communications data by law enforcement agencies with legislative requirements compelling providers to retain personal data the most recent of which is the Investigatory Power Act 2016 (I.). The tention between data retention and fundamental rights’ protection is brought back to the Data Retention and Investigatory Power Act 2014 (II.) and evaluated in the UK High Court’s decision in Civil Liberties v. SSHD (III.). Unfortunately, these tentions will continue after Brexit (IV.).

Case Law

Court of Appeal for the 9th Circuit v. 23 April 2018 - [Case No. 16-15469], USA: Legal Standing of Animals – Monkey Selfie, CRi 2018, 74-76

Supreme Court of British Columbia v. 16 April 2018 - [2018 BCSC 610; Docket S112421], Canada: Reconsidering Enforceability of Court Order for Global Delisting in Google’s Search Results, CRi 2018, 76-80

High Court of Justice, Queen’s Bench Division v. 13 April 2018 - [2018] EWHC 799 (QB), UK: Right to Be Forgotten – Right to Have Information Delisted by Google, CRi 2018, 80-94

CJEU (Grand Chamber) v. 10 April 2018 - C-320/16, EU: Ban and Criminal Prosecution of UberPop in France, CRi 2018, 94-95

CJEU, ninth chamber v. 21 February 2018 - C-132/17, EU: Neither Online-Video Channel Nor Single Promotion Video “Audiovisual Media Service”, CRi 2018, 95-96

Verlag Dr. Otto-Schmidt vom 12.06.2018