Matheson partners Davinia Brennan, Anne-Marie Bohan, Carlo Salizzo, Sarah Jayne Hannah and Michael Byrne consider a recent EU court ruling on GDPR compensation claims for "identity theft". The Court of Justice of the European Union (CJEU) in joined cases C‑182/22 and C‑189/22, Scalable Capital,
Privacy
A secret court hearing overseen by an anonymous judge has again approved mass surveillance of the Irish public for the next 12 months. A High Court order obtained by justice minister Helen McEntee requires communications service providers to retain certain data — including user, traffic and lo
Recording and sharing images of victims of road traffic accidents would become a criminal offence under a private member's bill proposed in the Dáil. The Protection of Accident Victims from Non-Consensual Recording of Images Bill 2022, introduced by Labour's Duncan Smith, provides for fines o
The Supreme Court has dismissed an appeal in an attempted murder case concerning the admission of mobile phone traffic and location data into evidence by the Special Criminal Court. Delivering judgment for the Supreme Court, Mr Justice Maurice Collins opined: “Making all due allowance for the
Meta has delayed plans to train AI tools on content published by Facebook and Instagram users in the EU following a request from the Irish Data Protection Commission (DPC). The social media giant said last Monday that its generative AI features need to be trained on European data to reflect "the div
The Data Protection Commission (DPC) issued administrative fines totalling €1.55 billion last year, according to its latest annual report. The 19 finalised decisions issued by the watchdog in 2023 included a €1.2 billion fine on Meta concerning EU-US data transfers, and a €345 million
Seán Hurley BL examines a recent EU court ruling involving TikTok owner Bytedance. Bytedance Ltd, the multinational company behind the social media app TikTok, recently sought and was denied interim relief to suspend the European Commission’s decision designating it as a gatekeeper unde
The PSNI is facing a £750,000 fine over the data breach which saw the personal information of all serving police officers and staff published online. Announcing its provisional decision yesterday, the Information Commissioner's Office (ICO) said that, had the PSNI not been a public body, the f
Northern Ireland's High Court has listed three test cases in relation to the PSNI data breach scandal for hearing on liability only for 26 June 2024. An unprecedented PSNI data breach last year saw the names, roles and other personal details of all serving police officers and civilian staff ina
Irish business leaders do not feel prepared for the cybersecurity challenges posed by artificial intelligence, a survey by Fieldfisher suggests. The firm's survey of corporate legal advisors and senior leaders found that 54 per cent believe Ireland's cybersecurity infrastructure is not secure agains
The Court of Appeal has determined that GSOC is entitled to both types of DAR recordings in respect of investigating complaints arising from events which occurred both in the courtroom and its environs for the purpose of fulfilling its statutory duty. Delivering judgment for the Court of Appeal, Mr
Laura Cunningham of Carson McDowell highlights a recent English court ruling on data breach claims where there is little evidence of actual harm. The ruling handed down by Nicklin J in the case of Fairly and 473 others v Paymaster (1936) Limited (trading as Equiniti) [2024] EWHC 383 (KB) is an indic
Mason Hayes & Curran has published a new review of recent and upcoming developments in the cyber/data security space. The business law firm said it aimed to provide a valuable resource for industry stakeholders in an era of rapid technological and legal advancements.
Mason Hayes & Curran partner Robert McDonagh welcomes fresh clarification of the one-stop-shop test under the GPDR. The European Data Protection Board (EDPB) issued an opinion on 13 February 2024 clarifying the one-stop-shop (OSS) test and, in particular, what is a “main establishment&rdqu
Increasing jurisprudence from the Court of Justice of the European Union is shedding light on Article 82 of the GDPR, write Mark D Finan BL and R. Caroline McGrath BL. Following the delivery of its first judgment concerning article 82 GDPR in May 2023 in Case C-300/21 UI v. Österreichishe Post,