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Hurbain v Belgium: Navigating the Intersection of Privacy and Press Freedom in the Digital Age – Harriet Ní Chinnéide

What is document archiving? - QuoraIn the wake of the digital revolution, questions surrounding the right to privacy and the right to be forgotten have come to the fore. With the digitalisation of press archives, what once required extensive archival research can now be discovered – even sometimes accidentally – through a simple online search. This is what led the Belgian Courts to order that Mr Hurbain anonymise an article in the online archive of the Le Soir newspaper. Before the European Court of Human Rights (the Court, ECtHR) Mr Hurbain argued that this order had violated his right to freedom of expression. Continue reading

Case Law, Strasbourg: Hurbain v Belgium, Order to anonymise newspaper archive did not violate Article 10 – Hugh Tomlinson QC and Aidan Wills

In the case of Hurbain v Belgium [2021] ECHR 544 (in French only), the European Court of Human Rights (Third Section), held that an order to anonymise an article in a newspaper’s electronic archive (which referred to a person’s involvement in a fatal road traffic accident for which they were subsequently convicted) did not breach the applicant publisher’s right to freedom of expression under Article 10 of the European Convention on Human Rights. Continue reading

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