The Council of State Overturns the « Graduated Response » in the Name of European Law
The Council of State has partially struck down the Hadopi decree for non-compliance with European data protection law and has ordered the government to impose “segregated” data retention and independent oversight prior to any third matching of identifiers, effectively limiting the scope of Arcom’s “graduated response.” The Council of State partially overturns the Hadopi decree for non-compliance with European data protection law Paris. The Council of State has just ruled that the decree of March 5, 2010, governing the processing of personal data by Arcom (formerly Hadopi), is contrary to European Union law, following a referral by the associations La… Quadrature du Net and three others. It thus orders the government to amend it to require « segregated storage » of data and independent oversight before a third matching of…