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European Court Asked to Rule on Facebook Data Transfers
Court Issues |
2017/10/01 15:27
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The European Court of Justice has been asked to consider whether Facebook's Dublin-based subsidiary can legally transfer users' personal data to its U.S. parent, after Ireland's top court said Tuesday that there are "well-founded concerns" the practice violates European law.
In a case brought after former U.S. defense contractor Edward Snowden revealed the extent of electronic surveillance by American security agencies, the Irish court found that Facebook's transfers may compromise the data of European citizens.
The case has far-reaching implications for social media companies and others who move large amounts of data via the internet. Facebook's European subsidiary regularly does so.
Ireland's data commissioner had already issued a preliminary decision that such transfers may be illegal because agreements between Facebook and its Irish subsidiary don't adequately protect the privacy of European citizens. The Irish High Court is referring the case to the European Court of Justice because the data sharing agreements had been approved by the European Union's executive Commission.
Ireland's data commissioner "has raised well-founded concerns that there is an absence of an effective remedy in U.S. law . for an EU citizen whose data are transferred to the U.S. where they may be at risk of being accessed and processed by U.S. state agencies for national security purposes in a manner incompatible" with the EU's Charter of Fundamental Rights, the Irish High Court said Tuesday.
Austrian privacy campaigner Maximillian Schrems, who has a Facebook account, had challenged this practice through the Irish courts because of concerns that his data was being illegally accessed by U.S security agencies.
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Court: State, Not Counties Accountable for Poor School Funds
Court Issues |
2017/09/20 02:08
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A North Carolina appeals court says students and parents still fighting for sufficient school funding decades after they were guaranteed the right to a sound, basic education should make demands of the governor and legislators, not county officials.
A divided state Court of Appeals ruled Tuesday that schoolchildren can't sue Halifax County commissioners over funding for the county's segregated public school districts.
Lawyers say though substandard Halifax County Schools' buildings sometimes force students to walk through sewage to reach their lockers, they get less local tax dollars than the majority white Roanoke Rapids schools.
Judges split 2-1 in ruling that local families should take their problems to Raleigh. The dissenting judge said counties can be sued since the legislature assigned them responsibility for funding buildings and supplies. |
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Justices allow Trump administration ban on most refugees
Court Issues |
2017/09/14 00:00
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The Supreme Court is allowing the Trump administration to maintain its restrictive policy on refugees.
The justices on Tuesday agreed to an administration request to block a lower court ruling that would have eased the refugee ban and allowed up to 24,000 refugees to enter the country before the end of October.
The order was not the court's last word on the travel policy that President Donald Trump first rolled out in January. The justices are scheduled to hear arguments on Oct. 10 on the legality of the bans on travelers from six mostly Muslim countries and refugees anywhere in the world.
It's unclear, though, what will be left for the court to decide. The 90-day travel ban lapses in late September and the 120-day refugee ban will expire a month later.
White House spokeswoman Sarah Huckabee Sanders said Tuesday night: "We are pleased that the Supreme Court has allowed key components of the order to remain in effect. We will continue to vigorously defend the order leading up to next month's oral argument in the Supreme Court."
The administration has yet to say whether it will seek to renew the bans, make them permanent or expand the travel ban to other countries.
Lower courts have ruled that the bans violate the Constitution and federal immigration law. The high court has agreed to review those rulings. Its intervention so far has been to evaluate what parts of the policy can take effect in the meantime.
The justices said in June that the administration could not enforce the bans against people who have a "bona fide" relationship with people or entities in the United States. The justices declined to define the required relationships more precisely. |
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Ohio Supreme Court hears dispute on abortion clinic closure
Court Issues |
2017/09/12 07:00
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Government attorneys have asked the Ohio Supreme Court to uphold the state Health Department's order to shut down Toledo's last abortion clinic.
The case involves one of several restrictions Ohio lawmakers have placed on abortion clinics in recent years.
The court on Tuesday heard arguments over the Health Department's 2014 order to close Capital Care of Toledo.
The department says the clinic's lack of a patient-transfer agreement with a local hospital should force it to close.
Such agreements were mandated, and public hospitals barred from providing them, under restrictions passed in 2013.
Lower courts have ruled the restrictions unconstitutional.
The court's chief justice on Tuesday asked about an alternative for women in the city of 275,000 residents if the clinic closed. The closest clinic is an hour's drive away in Michigan.
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