Posts

Showing posts from January, 2022

European Data Protection Supervisor orders Europol to erase data concerning individuals with no established link to a criminal activity

Image
On 3 January 2022, the European Data Protection Supervisor (EDPS) notified Europol of an  order  to delete data concerning individuals with no established link to a criminal activity (Data Subject Categorisation). This Decision concludes the EDPS’ inquiry launched in 2019. In the context of its inquiry, the EDPS admonished Europol in September 2020 for the continued storage of large volumes of data with no Data Subject Categorisation, which poses a risk to individuals’ fundamental rights. While some measures have been put in place by Europol since then, Europol has not complied with the EDPS’ requests to define an appropriate data retention period to filter and to extract the personal data permitted for analysis under the Europol Regulation. This means that Europol was keeping this data for longer than necessary, contrary to the principles of data minimisation and storage limitation, enshrined in the Europol Regulation.   In light of the above, the EDPS has decided to use its corre

Two prisoners punished for singing anthems and reading out poems in prison: Violation of the freedom of expression

Image
In Chamber's judgment in the case of Mehmet Çiftçi and Suat İncedere v. Turkey (applications nos. 21266/19 and 21774/19) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 10 (freedom of expression) of the European Convention on Human Rights.  The case concerned the sanction of one month’s deprivation of means of communication imposed on the applicants by the prison management for singing anthems and reading out poems (in December 2016) in memory of the prisoners who had lost their lives during the “Return to life” operation conducted by the authorities in prisons in December 2000.  The Court found that the disciplinary sanction imposed on the applicants constituted interference with their right to freedom of expression. It held that, notwithstanding the mildness of the sanction imposed on the applicants, the Government had not demonstrated that the reasons cited by the national authorities as justification for the measure complained o

Gay-marriage-cake case declared inadmissible by ECtHR

Image
In its decision in the case of Lee v. the United Kingdom (application no. 18860/19) the European Court of Human Rights has, by a majority, declared the application inadmissible. The decision is final. The case concerned the refusal by a Christian-run bakery to make a cake with the words “Support Gay Marriage” and the QueerSpace logo on it which the applicant had ordered and the proceedings that had followed. The applicant, Gareth Lee, is a British national who was born in 1969 and lives in Belfast (United Kingdom). He is associated with QueerSpace, an organisation for the lesbian, gay, bisexual and transgender community in Northern Ireland. Although same-sex marriage had been enacted in the rest of the UK in 2014, it was made legal in Northern Ireland only in 2020.  In 2014, Mr Lee ordered a cake for a gay activist event set to take place not long after the Northern Irish Assembly had narrowly rejected legalising same-sex marriage for the third time. He ordered it from Asher’s bakery.

Associate Lawyer - Specialized in Regulatory and Governance Matters at EIB

Image
The EIB, the European Union's bank, is seeking to recruit for its Legal Directorate (JU) – Legal Department, Corporate (CORP) – Regulatory Matters Division (REG) at its headquarters in Luxembourg, a (Associate) Lawyer - Specialized in Regulatory and Governance Matters. This is a full - time position at grade 4/5. The term of this contract will be 4 years. Panel interviews are anticipated for end February 2022. The EIB offers fixed-term contracts of up to a maximum of 6 years, according to business needs, with a possibility to convert to a permanent contract, subject to organisational requirements and individual performance. The successful candidate will deliver the legal services required by the Bank in the area of EU and international banking and financial regulations and institutional law, including in relation to prudential and governance regulatory requirements and rules. Deadline for applications: 31st January 2022. More details and applications here (photo: freepik.com)

Artificial Intelligence in judicial systems: New action plan on digitalisation for a better justice

Image
The Council of Europe’s European Commission for the efficiency of justice (CEPEJ) has adopted an  action plan on digitalisation for a better justice for 2022-2025 , aiming at reconciling the efficiency of new technologies and the respect of fundamental rights. This action plan sets the major orientations of the CEPEJ, whose main objective is always to place the user at the centre of the concerns, even in a digitised environment or in the course of digitalisation, by providing the user effective and quality public service of justice. These orientations are articulated around major axes aiming at ensuring that justice is always transparent, collaborative, human, people-centred and accessible, enlightened, and finally responsible and responsive. The CEPEJ has also adopted a  revised roadmap  for ensuring an appropriate follow-up of its  European Ethical Charter on the use of artificial intelligence in judicial systems and their environment . Finally, the CEPEJ has adopted guidelines o

Editorial

Editorial
George Kazoleas, Lawyer