Compensation for breach of the General Data Protection Regulation – Eoin O’Dell

8 09 2017

I have recently posted a paper on SSRN entitled “Compensation for breach of the General Data Protection Regulation”; this is the abstract: Read the rest of this entry »





Case Law, Strasbourg: Bogomolova v. Russia, Publication of picture of 3 year old “orphan” violated Article 8 – Ingrida Milkaite

25 07 2017

The case of Bogomolova v. Russia concerns the use of an unauthorised photograph of a minor’s face on the front page of a booklet promoting adoption and help for orphans. It proves that the publication of pictures of children without parental consent may have a significant social impact on the family and may violate Article 8 of the European Convention of Human Rights (ECHR), protecting the right to private and family life. Read the rest of this entry »





The GDPR and National Legislation: Relevant Articles for Private Platform Adjudication of “Right to Be Forgotten” Requests – Daphne Keller

5 05 2017

In a recent blog post, I discussed the role of EU Member State laws in defining and enforcing the “Right to Be Forgotten” (RTBF) under the EU’s new General Data Protection Regulation (GDPR). I consider these GDPR provisions in more detail in my forthcoming article. Because in the future RTBF may be applied to hosting services like Facebook or Dailymotion, I discuss potential consequences for them as well as search engines. Read the rest of this entry »





The “Right to Be Forgotten” and National Laws Under the GDPR – Daphne Keller

4 05 2017

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. Read the rest of this entry »





Final Draft of Europe’s “Right to be Forgotten” Law – Daphne Keller

20 12 2015

data-protectionThe 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. Read the rest of this entry »





News: EU agrees final text of General Data Protection Regulation

19 12 2015

Data Protection ReformOn 15 December 2015 it was announced that the EU Council, Commission and Parliament had finally agreed the text of the General Data Protection Regulation (“GDPR”) [pdf]. Read the rest of this entry »





Intermediaries and Free Expression Under the GDPR, in Summary – Daphne Keller

10 12 2015

data_protection (1)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. Read the rest of this entry »