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In separate rulings this past week, the European Court of Justice has determined two key issues related to data protection. In the SCARLET EXTENDED (BELGACOM GROUP) v SABAM case, which dates back to 2004, the European Court of Justice found that a requirement for a Belgian ISP to install a general filtering system was prohibited by Article 15(1) of the E-Commerce Directive. Meanwhile, as Bird & Bird Partner Ariane Mole writes in this European Data Protection Digest exclusive, a 24 November decision by the court found "Spain had not transposed correctly the provisions concerning the balance of interests of EC Directive 95/46 on personal data protection and that consequently Spanish law is in breach of Article 7(f) of the directive." The decisions are expected to have significant impacts, according to experts.
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