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Questions are
TQ 1.1: Why and how are recent technological advances and developments increasing the significance of data protection law?
TQ 1.2: Rustad and Koenig claim that: “We acknowledge a Brussels Effect on U.S. privacy law but there is also an overlooked D.C. Effect reflected in many GDPR provisions.” What are the examples that Rustad and Koenig cite to evidence this claim, and do you agree with them? Why or why not?
TQ 1.3: An individual is caught on CCTV in the act of pick-pocketing an innocent pedestrian and is arrested on the spot. This is his first offense. The police leak a photo of the theft to the press, and a prominent tabloid prints the individual’s identifiable image on its first page. This publication causes the individual and his family great distress. Based on the ECtHR’s ruling in Peck, will the individual succeed in a claim that the police have unlawfully violated his human rights?
TQ 1.4: What does the term “margin of appreciation” refer to in EctHR’s jurisprudence? How did applying this concept lead the Court to rule in favor of the German Press in Van Hannover II?
TQ 1.5: Assume that the facts of Axel Springer were somewhat different, and rather than an arrest of an actor, the press published a photo of the arrest of an adult son of a known politician for consuming hard drugs. The arrest was carried out in the son’s home. Would the court’s ruling remain the same?
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