The GDPR indicates where the EU’s Commission and legislature think the balance between data protection and other rights and freedoms should lie. The next step will be to see where the EU’s Court of Justice thinks that balance should lie. An indication of that view was given in the recent judgment in McFadden v. Sony. The applicant in that case was the owner of a business in Munich, Germany, who offered free Wi-Fi to those in the vicinity of his business. This was done deliberately to draw customer attention. One of those users made copyright protected works available for free on the internet. Sony, the rights holder in question, formally asked that McFadden respect its rights. He refused and launched a court challenge, which made its way to the CJEU. Denis Kelleher reports in this exclusive for The Privacy Advisor.
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