The European Court of Justice (“CJEU”) held that data subjects must, in particular, have the right to be informed of the identity of the specific recipients where his or her personal data have already been disclosed. [Under Article 15 GDPR] The right of access under Article 15 GDPR contains an obligation on the controller to…
Section 122 of the Indian Evidence Act recognizes the sanctity of marital communication by granting spouses a “spousal confidence privilege.” This privilege protects private conversations between spouses from being used as evidence against one another in court. The purpose of this privilege is to uphold the value of marital trust and confidence, recognizing that open…
The New York Department of Financial Services (NYDFS) announced extensive amendments to its cybersecurity requirements for financial institutions on November 1, 2023. The amendments are intended to address the evolution in the cybersecurity landscape: Key changes in the amended regulation include: The amended requirements will take effect in phases, with some having already come into…
The Singapore Court of Appeal recently ruled in Michael Reed v. Alex Bellingham (Attorney-General, Intervener) [2022] SGCA 60 that “emotional distress” constitutes a valid claim for “loss or damage” under the Personal Data Protection Act 2012 (“PDPA”). This landmark decision strengthens the rights of individuals whose personal data is mishandled. The PDPA already allows individuals…
The Court of Justice of the European Union (CJEU) ruled that customer data provided when ordering pharmacy-only, non-prescription medicines online is classified as “health data” under Article 4(15). Consequently, this data is protected by data protection regulations such as the GDPR, as per the Lindenapotheke case (C-21/23). Mazharul IslamMazharul Islam, Corporate Legal Practitioner, Member of…
The CJEU confirmed that a handwritten signature of a natural person is considered personal data as it is usually used to identify a person and has evidential value regarding the accuracy and sincerity of a document. [Agentsia po vpisvaniyata (C‑200/23)] Mazharul IslamMazharul Islam, Corporate Legal Practitioner, Member of Harvard Business Review Advisory Council. He can…
The CJEU ruled that offering an apology can be adequate compensation for non-material damage caused by a data breach on the basis of Art 82(1) GDPR. This is particularly relevant when it is impossible to restore the situation that existed prior to the occurrence of that damage, as long as this form of redress can fully compensate…
A balance needs to be struck between the right to privacy and the economic interest driven by AI. Consequently, there is now a growing tension between privacy’s requirement to restrict flows of personal data on the one hand and economic and commercial arguments supporting the free flow of such data on the other. Hence, a…
Gone are the days when in-house legal teams have traditionally played a behind-the-scenes role, perceived as a support function to the organization, primarily focused on mitigating legal risks and ensuring compliance. The present-day scenario paints a starkly different picture. In-house legal departments are emerging from the shadows, emerging as integral components of organizational strategies, playing…
In early days producers and performers of creative works could monetise the showing or viewing of performances effectively by selling tickets at the venues. In the last several decades, with the advent of the internet and digital technologies, the field of copyright and related rights has expanded enormously. At the same time, the possibility of…