Editorial of January 2025

By Alexandre Veronese (Professor of University of Brasília, CitDig key external member, UMinho) and Alessandra Silveira [Editor of this blog, Coordinator of Jean Monnet Centre of Excellence “Digital Citizenship and Technological Sustainability” (CitDig), UMinho]

The dilemmas of content moderation in the European Union and Latin America: a new chapter?

            It was already known that Elon Musk’s direct participation in the presidential campaign that led to a second term for Donald Trump would have consequences for Big Tech regulation policies. However, one did not imagine that it would happen so quickly. The recent policy change by Meta – the parent company to which Facebook, Instagram and WhatsApp belong – paves the way for other technology companies to seek ways to tacitly or explicitly “globalise” a broader interpretation of the concept of freedom of expression, according to the model of the United States of America.

            For Brazil – and other democracies in Latin America – that have had clashes with large digital platforms, the dilemma will increase. It is worth remembering what happened in Brazil. The social network X – former Twitter –, after its acquisition by Elon Musk, changed its content moderation policy. Thus, potentially offensive posts were released in certain countries. This process culminated in court orders from the Federal Supreme Court of Brazil to block posts and accounts. Invoking its terms of use of service, social network X refused to comply with such orders. That reaction caused the application to be blocked.[1] Subsequently, the social network X met the demands of that court – which acts as the Brazilian constitutional court – and the application was able to function again.[2]

Continue reading “Editorial of January 2025”

Commentary to the Bezirkshauptmannschaft Landeck judgment: a failure by the CJEU in appropriately balancing privacy, data protection and the interests of law enforcement [1]

Tiago Sérgio Cabral [Editor of this blog and Project Expert for the Portuguese team in the "European Network on Digitalization and E-governance" (ENDE)]

1. Background

The Court of Justice’s decision in Case C- 548/21 (Bezirkshauptmannschaft Landeck) probably got less attention than it deserved from legal scholars due to being issued at the same time as other high profile data protection cases and connected to Directive 2016/680/EU (the “Law Enforcement Directive”) instead of the GDPR. However, there are good reasons to engage in a deeper analysis of this case. The Bezirkshauptmannschaft Landeck judgment addresses access by law enforcement to mobile phones, which nowadays store large amounts of personal data that most people prefer to maintain private, but that law enforcement considers key for criminal investigation purposes. The Court of Justice’s conclusions regarding this issue are surprising as they seem out of step with previous case-law. Other less controversial but still relevant takeaways from this judgment, such as those regarding the scope of the concept of “personal data” may have relevance beyond data protection in the context of law enforcement.

    2. The Court of Justice’s Decision

    The case arises from a request for a preliminary ruling from the Regional Administrative Court of Tyrol (Austria). The factual background of the judgment is relatively straightforward: Austrian customs authorities seized a package for a data subject (CG) containing 85 grams of cannabis. Pursuant to this seizure, law enforcement conducted a search of CG’s residence, questioned him, and requested access to connection data on CG’s mobile telephone. CG refused and, as such, law enforcement seized his mobile phone, including SIM and SD cards.

    Continue reading “Commentary to the Bezirkshauptmannschaft Landeck judgment: a failure by the CJEU in appropriately balancing privacy, data protection and the interests of law enforcement [1]”