this post was submitted on 06 Aug 2023
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The case started in August 2021 with a complaint that de Paço was upset about the Portuguese and English language versions of the articles about him. The first judicial pass went well. But that’s where the good news ends. The next level of Portugal’s court system decided the lower court was wrong about everything, which means that — for now — the person wanting to memory hole past allegations at least temporarily has the upper hand. The Portuguese court ruled against them on 13 July, and demanded that the Foundation turn over personal data about multiple users who worked on the article.

Obviously, Wikimedia is not just going to hand over user info just because this court weirdly decided it’s the guy who just wants people to stop making (apparently) factual allegations against him. Not only would this surrender of info go against Wikimedia’s own standards, it goes against European law, which does not align with this strange decision by Portugal’s appellate-level court.

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[–] koper@feddit.nl 1 points 1 year ago

National courts to take EU law into account. If you don't agree with their interpretation of EU law, your option is to appeal or ask to refer questions to the EUCJ.