European Data Protection Digest

Court of Justice Rules on ISPs, Processing Personal Data

PRIVACY LAW—EU

December 2, 2011

In separate rulings this past week, the European Court of Justice has determined two key issues related to data protection. In the SCARLET EXTENDED (BELGACOM GROUP) v SABAM case, which dates back to 2004, the European Court of Justice found that a requirement for a Belgian ISP to install a general filtering system was prohibited by Article 15(1) of the E-Commerce Directive. Meanwhile, as Bird & Bird Partner Ariane Mole writes in this European Data Protection Digest exclusive, a 24 November decision by the court found "Spain had not transposed correctly the provisions concerning the balance of interests of EC Directive 95/46 on personal data protection and that consequently Spanish law is in breach of Article 7(f) of the directive." The decisions are expected to have significant impacts, according to experts.
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