The EU’s new General Data Protection Regulation (GDPR) will come into effect in the spring of 2018, bringing with it a newly codified version of the “Right to Be Forgotten” (RTBF). Depending how the new law is interpreted, this right could prove broader than the “right to be de-listed” established in 2014’s Google Spain case. Continue reading
The International Forum for Responsible Media Blog
Tag: Daphne Keller (Page 2 of 3)
The French Data Protection Agency, CNIL, is currently before a French court, arguing that Google needs to do more to comply with “Right to Be Forgotten” or “Right to Be Delisted” (RTBD) laws. The EU’s highest court, the CJEU, defined the search engine’s obligations in the 2014 Google Spain v. Costeja case, ruling that Google must comply with requests to remove links from the results it displays when people search for the requester by name. Continue reading
The European Commission is making major steps forward in its new Digital Single Market strategy. One important part, the Platform Liability consultation, pointedly asked whether Internet intermediaries should “do more” to weed out illegal or harmful content on their platforms – in other words, to proactively police the information posted by users. Last month the Commission delivered part of its answer. Continue reading
This is the last of four posts on the European Court of Human Rights’ (ECHR) rulings in Delfi v. Estonia and MTE v. Hungary. In both cases, national courts held online news portals liable for comments posted by their users – even though the platforms did not know about the comments. Those rulings effectively required platforms to monitor and delete users’ online expression in order to avoid liability. Continue reading
Litigating Platform Liability in Europe: New Human Rights Case Law in the Real World – Daphne Keller
This is the third of four posts on the European Court of Human Rights’ (ECHR) rulings in Delfi v. Estonia and MTE v. Hungary. In both cases, national courts held online news portals liable for comments posted by their users – even though the platforms did not know about them. Continue reading
This is the second of four posts on real-world consequences of the European Court of Human Rights’ (ECHR) rulings in Delfi v. Estonia and MTE v. Hungary. Both cases arose from national court rulings that effectively required online news portals to monitor users’ speech in comment forums. Continue reading
The probably-really-almost-totally final 2016 General Data Protection Regulation (GDPR) is here! Lawyers around the world have been hunkered down, analyzing its 200-plus pages. In the “Right to Be Forgotten” (RTBF) provisions, not much has changed from prior drafts. The law still sets out a notice and takedown process that strongly encourages Internet intermediaries to delete challenged content, even if the challenge is legally groundless. Continue reading
Europe’s pending General Data Protection Regulation (GDPR) threatens free expression and access to information on the Internet. The threat comes from erasure requirements that work in ways the drafters may not have intended — and that are not necessary to achieve the Regulation’s data protection purposes. Continue reading
This is one of a series of posts about the pending EU General Data Protection Regulation (GDPR), and its consequences for intermediaries and user speech online. In an earlier introduction and FAQ, I discussed the GDPR’s impact on both data protection law and Internet intermediary liability law. Developments culminating in the GDPR have put these two very different fields on a collision course – but they lack a common vocabulary and are in many cases animated by different goals. Laws addressing concerns in either field without consideration for the concerns of the other can do real harm to users’ rights to privacy, freedom of expression, and freedom to access information online. Continue reading
This is one of a series of posts about the pending EU General Data Protection Regulation (GDPR), and its consequences for intermediaries and user speech online. In an earlier introduction and FAQ, I discussed the GDPR’s impact on both data protection law and Internet intermediary liability law. Developments culminating in the GDPR have put these two very different fields on a collision course — but they lack a common vocabulary and are in many cases animated by different goals. Laws addressing concerns in either field without consideration for the concerns of the other can do real harm to users’ rights to privacy, freedom of expression, and freedom to access information online. Continue reading
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