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Kmart Australia Violated Privacy Act with Facial Recognition in Retail Stores

The Australian Information Commissioner (AIC), Carly Kind, found that Kmart Australia Limited interfered with individuals’ privacy by using a Facial Recognition Technology (FRT) system in 28 retail stores between June 2020 and July 2022 to detect and prevent store refund fraud.

The Commissioner substantiated multiple breaches of the Australian Privacy Act 1988:

  1. Kmart collected the sensitive information of all individuals ...

New Copyright Claims Against AI Providers as Anthropic Settles for $1.5 Billion

Recent legal filings highlight ongoing conflicts between generative AI companies and content creators over copyrighted material.

A proposed class action settlement in Bartz v. Anthropic PBC addresses Anthropic’s alleged large-scale copyright infringement for torrenting and commercially exploiting books obtained from pirated datasets, specifically Library Genesis (LibGen) and Pirate Library Mirror (PiLiMi), to train Anthropic’s Large Language Models (LLMs). The settlement, ...

Israeli Supreme Court Invalidates Warrantless Police Searches in Digital Devices

A three-judge panel of the Israeli Supreme Court, sitting as High Court of Justice, unanimously held that the Israeli police may not search digital devices (particularly mobile phones) of suspects without a judicial warrant, based solely on the suspect's consent. Under the Criminal Procedure Ordinance, police searches of computer materials may only be conducted "pursuant to a judge's order." However, ...

EU Commission Issues Hefty Fine Against Google and Threatens Divestment

The European Commission announced it had fined Google €2.95 billion for breaching EU antitrust rules. The Commission concluded that Google abused its dominant position by distorting competition in the online advertising technology (‘adtech’) industry. According to the EU Commission, this behavior harmed online publishers, competing adtech providers, advertisers, and consumers.

The European Commission’s investigation found that Google is dominant in ...

Draft Guidelines on the Interplay between the GDPR and the EU Digital Services Act

The European Data Protection Board (EDPB) issued its draft guidelines (for public comments) on the interplay between the Digital Services Act (DSA) and the GDPR. The guidelines underscore that the DSA is without prejudice to the GDPR and does not derogate from the general rules on personal data processing, requiring consistent and coherent application of both frameworks.

The draft guidelines ...

Europe’s Top Court Clarifies the Boundaries of Non-Personal Data

The Court of Justice of the European Union (CJEU), in its judgment of an appeal brought by the European Data Protection Supervisor (EDPS), considered whether public comments and unique alphanumeric codes constituted personal data.

The issue was reviewed under the regulation governing the processing of personal data by EU institutions, which is the equivalent of the GDPR that applies to ...

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