Cyprus Mail

Courts all over Europe ban publications that are accessible elsewhere on the internet

Duchess of Cambridge

Sorry, but this opinion is not well informed.

For example, it criticizes the Cyprus courts for banning the publication of material that was accessible elsewhere on the internet. What the article conveniently glances over is that courts all over Europe have taken such decisions.

Most famous was the case of the nude pictures taken of the Duchess of Cambridge. The UK press was prohibited from publishing these even though the photos circulated on the internet and publications elsewhere in the EU did publish them. A somewhat similar case concerns the right to be forgotten, where Google only has to block information for requests originating from within the EU. A simple VPN provides a workaround to the law.

Secondly, the article does not consider the grounds why the Commissioner considered the collection of the data as problematic. In itself, the data can be collected. But it is then used in a highly controversial method as it is used to appraise personnel based on their absence.

And this is indeed a violation of employee rights (it goes against the EU social charter and several ECJ rulings). You should not use data in ways they are not intended to be used.

A simple googling of the Bradford factor would have highlighted the controversy quite quickly. The application of the Bradford principle also discriminates against those with chronic illnesses like migraine. And that goes against the anti-discrimination laws of Cyprus and the EU.

So, once you investigate things, it is actually a proper decision by the commissioner.


Our View: Interpretation of privacy laws is absurd

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