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European Court Asked to Rule on Facebook Data Transfers
Court Watch |
2017/10/23 01:39
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The European Court of Justice has been asked to consider whether Facebook's Dublin-based subsidiary can legally transfer users' personal data to its U.S. parent, after Ireland's top court said Tuesday that there are "well-founded concerns" the practice violates European law.
In a case brought after former U.S. defense contractor Edward Snowden revealed the extent of electronic surveillance by American security agencies, the Irish court found that Facebook's transfers may compromise the data of European citizens.
The case has far-reaching implications for social media companies and others who move large amounts of data via the internet. Facebook's European subsidiary regularly does so.
Ireland's data commissioner had already issued a preliminary decision that such transfers may be illegal because agreements between Facebook and its Irish subsidiary don't adequately protect the privacy of European citizens. The Irish High Court is referring the case to the European Court of Justice because the data sharing agreements had been approved by the European Union's executive Commission.
Ireland's data commissioner "has raised well-founded concerns that there is an absence of an effective remedy in U.S. law . for an EU citizen whose data are transferred to the U.S. where they may be at risk of being accessed and processed by U.S. state agencies for national security purposes in a manner incompatible" with the EU's Charter of Fundamental Rights, the Irish High Court said Tuesday.
Austrian privacy campaigner Maximillian Schrems, who has a Facebook account, had challenged this practice through the Irish courts because of concerns that his data was being illegally accessed by U.S security agencies.
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Court nixes class-action status for TGI Friday's drink suit
Court Watch |
2017/10/18 01:40
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A lawsuit accusing restaurant chain TGI Friday's violated consumer fraud laws with its drink pricing can't go ahead as a class action that could have included millions of members, but a similar case involving Carrabba's Italian Grill restaurants can, New Jersey's state Supreme Court ruled Wednesday.
Debra Dugan sued TGI Friday's after she was charged one price for a drink at the bar and a higher price at a table in 2008. The restaurant didn't list drink prices on its menus, according to the lawsuit.
A lower court in 2012 granted class-action status to anyone who ordered unpriced drinks at 14 of the company's restaurants in New Jersey from 2004 through 2014. TGI Friday's had estimated that could have amounted to as many as 14 million customers, according to court filings. But the plaintiffs disputed that figure.
According to the lawsuit, TGI Friday's conducted research that showed that customers spent an average of $1.72 less on drinks if the prices were displayed than if the prices weren't displayed. The lawsuit sought to prove that that amount could be considered a loss for anyone who had ordered a drink at the restaurants. Wednesday's 5-1 ruling rejected that argument, but said individual claims could still proceed.
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Justices allow Trump administration ban on most refugees
Court Watch |
2017/09/14 19:53
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The Supreme Court is allowing the Trump administration to maintain its restrictive policy on refugees.
The justices on Tuesday agreed to an administration request to block a lower court ruling that would have eased the refugee ban and allowed up to 24,000 refugees to enter the country before the end of October.
The order was not the court's last word on the travel policy that President Donald Trump first rolled out in January. The justices are scheduled to hear arguments on Oct. 10 on the legality of the bans on travelers from six mostly Muslim countries and refugees anywhere in the world.
It's unclear, though, what will be left for the court to decide. The 90-day travel ban lapses in late September and the 120-day refugee ban will expire a month later.
White House spokeswoman Sarah Huckabee Sanders said Tuesday night: "We are pleased that the Supreme Court has allowed key components of the order to remain in effect. We will continue to vigorously defend the order leading up to next month's oral argument in the Supreme Court."
The administration has yet to say whether it will seek to renew the bans, make them permanent or expand the travel ban to other countries.
Lower courts have ruled that the bans violate the Constitution and federal immigration law. The high court has agreed to review those rulings. Its intervention so far has been to evaluate what parts of the policy can take effect in the meantime.
The justices said in June that the administration could not enforce the bans against people who have a "bona fide" relationship with people or entities in the United States. The justices declined to define the required relationships more precisely. |
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Court sides with teacher fired for sex with 18-year-old
Court Watch |
2017/09/12 12:53
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The Pennsylvania Supreme Court has upheld a decision that would allow a teacher fired for having sex with an 18-year-old on her graduation night to return to teaching.
The Lebanon Daily News reports the court ruled against the Cornwall-Lebanon School District, which fired social studies teacher Luke "Todd" Scipioni in 2014 after learning details of the sexual relationship that occurred a decade earlier.
An arbitrator said there was no accusation of a sexual relationship prior to the student's graduation and Scipioni was not culpable for any relationship that occurred after that.
The arbitrator said Scipioni should be reinstated after a one-year suspension for not being truthful. A lower court reversed the arbitrator but was overruled by an appeals court. The supreme court upheld the appeals court's decision.
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France: Court finds topless photos violated royal’s privacy
Court Watch |
2017/09/05 12:52
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A French court ruled Tuesday that photographers and gossip magazine executives violated the privacy of Britain’s Duchess of Cambridge by taking and publishing photographs of the former Kate Middleton sunbathing topless.
The court in a Paris suburb fined two executives of French gossip magazine Closer — owner Ernesto Mauri and executive editor Laurence Pieau — each the maximum of 45,000 euros ($53,500) for such an offense.
The Closer executives, along with two photographers for a celebrity photo agency, were collectively ordered to pay 50,000 euros ($59,500) in damages to Kate and the same amount to her husband, Prince William.
The damage award was substantially below the figure that the magazine’s lawyer said the royals had requested, but the timing of the court’s finding of privacy invasion had particular resonance in Britain.
Last week marked the 20th anniversary of the death of William’s mother, Princess Diana, who was killed in a Paris car accident that occurred while she was being pursued by paparazzi.
The royal couple did not attend the hearing where the verdict was announced. Their office at Kensington Palace said they were pleased the court ruled in their favor and now consider the matter closed.
Kate and William “wished to make the point strongly that this kind of unjustified intrusion should not happen,” the palace said in a statement. |
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