JVN: Defense Platform Home Editionにおける複数の脆弱性
[B] マイクロプラスチックによる環境汚染 有力汚染源は人工芝
Weekly Report: フィッシング対策協議会が「送信ドメイン認証技術「DMARC」の導入状況と必要性について」を公開
European Commission Gets Dinged for Unlawful Data Transfer, Sending a Big Message About Accountability
The European Commission was caught failing to comply with its own data protection regulations and, in a first, ordered to pay damages to a user for the violation. The €400 ($415) award may be tiny compared to fines levied against Big Tech by European authorities, but it’s still a win for users and considerably more than just a blip for the “talk about embarrassing” file at the commission.
The case, Bindl vs. EC, underscores the principle that when people’s data is lost, stolen, or shared without promised safeguards—which can lead to identity theft, cause uncertainty about who has access to the data and for what purpose, or place our names and personal preferences in the hands of data brokers —they’ve been harmed and have the right to hold those responsible accountable and seek damages.
Some corporations, courts, and lawmakers in the U.S. need to learn a thing or two about this principle. Victims of data breaches are subject to anxiety and panic that their social security numbers and other personal information, even their passport numbers, are being bought and sold on the dark web to criminals who will use the information to drain their bank accounts or demand a ransom not to.
But when victims try to go to court, the companies that failed to protect their data in the first place sometimes say tough luck—unless you actually lose money, they say you’re not really harmed and can’t sue. And courts in many cases go along with this.
The EC debacle arose when a German citizen using the commission’s website to register for a conference was offered to sign in using Facebook, which he did—a common practice that, surprise, surprise, can and does give U.S.-based Facebook access to signees’ personal information.
Here’s the problem: In the EU, the General Data Privacy Regulations (GDPR), a comprehensive and far-reaching data privacy law that came into effect in 2018, and a related law that applies to EU institutions, Regulation (EU) 2018/1725, requires entities that handle personal data to abide by certain rules for collecting and transferring it. They must, for instance, ensure that transfers of someone’s personal information, such as their IP address, to countries outside the EU are adequately protected.
The GDPR also give users significant control over their data, such as requiring data processors to obtain users’ clear consent to handle their personal data and allowing users to seek compensation if their privacy rights are infringed—although the regulations are silent on how damages should be assessed.
In what it called a “sufficiently serious breach,” a condition for awarding damages, the European General Court, which hears actions against EU institutions, found that the EC violated EU privacy protections by facilitating in 2022 the transfer of German citizen Thomas Bindl’s IP address and other personal data to Meta, owner of Facebook. The transfer was unlawful because there were no agreements at the time that adequately protected EU users’ data from U.S. government surveillance and weak data privacy laws.
“…personal data may be transferred to a third country or to an international organisation only if the controller or processor has provided appropriate safeguards, and on condition that enforceable data subject rights and effective legal remedies for data subjects are available,” the court said. “In the present case, the Commission has neither demonstrated nor claimed that there was an appropriate safeguard, in particular a standard data protection clause or contractual clause…”
(The EC in 2023 adopted the EU-US Data Privacy Framework to facilitate mechanisms for personal data transfers between the U.S. and EU states, Great Britain, and Switzerland with protections that are supposed to be consistent with EU, UK, and Swiss law and limit US intelligence services’ access to personal data transferred to America.)
Bindl sought compensation for non-material—that is, not involving direct financial loss—damages because the transfer caused him to lose control of his data and deprived him of his rights and freedoms.
Applying standards it had set in a data mishandling case from Austria involving non-material damage claims, the court said he was entitled to such damages because the commission had violated the GDPR-like regulation 2018/1725 and the damages he suffered were caused by the infringement.
Importantly, the court specified that the right to compensation doesn’t hinge on an assessment of whether the harms are serious enough to take to court, a condition that some EU member state courts have used to dismiss non-material damage claims.
Rather, it was enough that the data transfer put Bindl “in a position of some uncertainty as regards the processing of his personal data, in particular of his IP address,” the court said. This is criterion that could benefit other plaintiffs seeking non-material damages for the mishandling of their data, said Tilman Herbrich, Bindl’s attorney.
Noting the ease with which IP addresses can be used to connect a person to an existing online profile and exploit their data, Bindl, in conversation with The International Association of Privacy Professionals (IAPP), said “it’s totally clear that this was more than just this tiny little piece of IP address, where people even tend to argue whether its PII (personal identifiable information) or not.” Bindl is the founder of EuGD European Society for Data Protection, a Munich-based litigation funder that supports complainants in data protection lawsuits.
The court’s decision recognizes that losing control of your data causes real non-material harm, and shines a light on why people are entitled to seek compensation for emotional damage, probably without the need to demonstrate a minimum threshold of damage.
EFF has stood up for this principle in U.S. courts against corporate giants who—after data thieves penetrate their inadequate security systems, exposing millions of people’s private information—claim in court that victims haven’t really been injured unless they can prove a specific economic harm on top of the obvious privacy harm.
In fact, negligent data breaches inflict grievous privacy harms in and of themselves, and so the victims have “standing” to sue in federal court—without the need to prove more.
Once data has been disclosed, it is often pooled with other information, some gathered consensually and legally and some gathered from other data breaches or through other illicit means. That pooled information is then used to create inferences about the affected individuals for purposes of targeted advertising, various kinds of risk evaluation, identity theft, and more.
In the EU, the Bindl case could bring more legal certainty to individuals and companies about damages for data protection violations and perhaps open the door to collective-action lawsuits. To the extent that the case was brought to determine whether the EC follows its own rules, the outcome was decisive.
The commission “should set the standard in terms of implementation of how they are doing it,” Bindl said. “If anyone is looking at somebody who is doing it perfectly right, it should be the commission, right?”
広域大規模災害を想定した放送サービスの維持・確保方策の充実・強化検討チーム(第1回)配布資料
「総務省コンテンツ海外展開セミナー2025」のご案内
「MVNOに係る電気通信事業法及び電波法の適用関係に関する ガイドライン」改定案に対する意見募集
令和7年度から新たに実施する電波資源拡大のための研究開発 の基本計画書(案)に関する意見募集
社会の変革に対応した地方公務員制度のあり方に関する検討会 働き方分科会(第3回)
情報通信審議会 電気通信事業政策部会 ユニバーサルサービス政策委員会(第39回)
消費者保護ルールの在り方に関する検討会(第62回)
社会の変革に対応した地方公務員制度のあり方に関する検討会 働き方分科会(第2回)
【出版トピックス】フリー編集者 本屋を4月にオープン!=出版部会
被ばく問題に朗報!原発関連労働者ユニオンが「竹中工務店」に勝利命令
根津公子の都教委傍聴記 : この施策・事業で不登校やいじめ、教員の精神疾患・休職は減らない
プレカリアートユニオン通信(2/4)明成物流支部2025年度春闘要求
Volunteer role: Social media support
Statewatch is a small team with limited resources and would like to be able to do more. Much of our impactful work is thanks to a vast network of contributors who share their time and expertise with us. Now, we are looking to expand this network to include a few individuals who can offer regular support in writing and publishing social media content. This would help us to better publicise our work and important developments related to human rights, civil liberties, and democratic standards.
About Statewatch
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In this role, you will support the Head of Communications with the following.
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Populating the editorial calendar
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Review team content input
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Identify relevant connections between news and Statewatch work
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Writing accessible copy for social media:
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Distil news into key points and collect quotes
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Draft copy for social media content following editorial guidance
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Review edits by Head of Communications
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Drafting promotional graphics:
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Review edits by Head of Communications
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Key results
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Consistent, accessible copy that aligns with Statewatch’s brand voice.
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