Tag: Ireland

Pokemon Go: Guidelines to be released by the Irish Data Protection Commisioner

12. August 2016

Due to the fact that the smartphone App called Pokemon Go inserts the animated creatures into real-life surroundings by using real-time GPS data and phone cameras the concern about the safety and privacy implications of location-based games and apps was raised.

  • In the US armed criminals using Pokemon Go lured teenage victims to an isolated place where they were robbed last month.
  • Iran became the first country to ban the game because of unspecified “security concerns” last week.
  • Also, the contract customers must agree to before using the game has been questioned by consumer watchdogs across Europe due to the fact that Pokemon Go’s terms of service abandon a player’s rights to courtroom representation as a plaintiff or class action member unless the player opts out within a month of the download.

A spokesman for Ireland’s Data Protection Commissioner commented that in regard to Pokemon Go “It was not aware of any specific data protection issues arising at this stage”. He continued by saing “However, like any smartphone app that seeks permissions in respect of users’ personal data, such as location data or for advertising or personalising services, there are privacy implications and users should make themselves aware of the terms to which they are agreeing in downloading and installing the app”.

The spokesman concluded that “In respect of location data, this office will be publishing detailed guidance early next week to assist individuals in understanding how organisations collect and process information relating to their location and their rights to the protection of their personal data.”

Microsoft cannot be compelled to turn over customer emails stored outside the U.S.

27. July 2016

Last week the U.S. Court of Appeals for the Second Circuit held that Microsoft Corporation cannot be compelled to turn over customer emails stored outside the U.S. to U.S. law enforcement authorities.

The original case addressed a search warrant concerning the contents of all emails, records and other information regarding one of Microsoft’s email users. Although Microsoft generally complied, it refused to turn over the contents of the emails stored on a server in Ireland. Microsoft opinion was that U.S. courts are not authorized to issue such warrants. However, in April 2014 a judge in the U.S. District Court for the Southern District of New York held that Microsoft has to turn over the contents of the emails to U.S. law enforcement in case of search warrant is issued under the Stored Communications Act and although the data is stored outside of the U.S.

The Second Circuit ruled that “Congress did not intend the (Stored Communications Act’s) warrant provisions to apply extraterritorially…(and) the Stored Communications Act does not authorize a U.S. court to issue and enforce an Stored Communications Act warrant against a United States‐based service provider for the contents of a customer’s electronic communications stored on servers located outside the United States.”

Category: USA
Tags: , ,