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Caselaw

Caselaw is a category used by The De La Torre Review specifically for practical examinations of significant court decisions involving privacy, data protection, cybersecurity, consumer protection, and AI in the U.S. and EU. Articles analyze the facts, legal issues, reasoning, holdings, and practical implications of judicial decisions. Regulatory Enforcement, a separate tag, covers agency enforcement actions, investigations, consent orders, and regulatory settlements.

Nowak: When an Exam Answer Becomes Personal Data

Nowak: When an Exam Answer Becomes Personal Data

Nowak explains when information “relates to” a person under EU data protection law. The CJEU held that exam answers and examiner comments can be personal data and established the influential content, purpose, or effect test for determining when information is linked to an individual.

Breyer: When an IP Address Becomes Personal Data

Breyer: When an IP Address Becomes Personal Data

Breyer asks when information becomes personal data even though the controller cannot identify the person on its own. The CJEU held that a dynamic IP address may be personal data where the controller has legal means reasonably likely to be used to identify the individual.

Schrems I: When EU Data Protection Crossed the Atlantic

Schrems I: When EU Data Protection Crossed the Atlantic

Schrems I invalidated the EU–U.S. Safe Harbor framework and established that protection abroad must be essentially equivalent to EU law. The CJEU also confirmed that adequacy decisions cannot prevent independent supervisory authorities from examining individual complaints.

Dennekamp II: When Public Scrutiny Justifies Naming Names

Dennekamp II: When Public Scrutiny Justifies Naming Names

After losing his first case, a journalist returned with a sharper justification for identifying MEPs in Parliament’s pension scheme. The General Court found that exposing potential conflicts of interest justified disclosure for members who had actually voted on the scheme.

Ryneš: When Home Security Cameras Reach Beyond the Household

Ryneš: When Home Security Cameras Reach Beyond the Household

Protecting your home does not automatically put your camera outside data protection law. In Ryneš, the CJEU explained why recording a public footpath exceeded the household exemption—and why the homeowner’s legitimate security interests still mattered.