In the internet age, when vast amount of information can be stored indefinitely and can be easily retrieved by means of a mouse click, controlling one’s personal data seems a particularly difficult task to do. Continue reading
The International Forum for Responsible Media Blog
In the internet age, when vast amount of information can be stored indefinitely and can be easily retrieved by means of a mouse click, controlling one’s personal data seems a particularly difficult task to do. Continue reading
The much-anticipated decision in NT 1 & NT 2 v Google LLC [2018] EWHC 799 (QB) was handed down on 13 April 2018. The joint judgment in two separate claims against Google, is the first time the English courts have had to rule on the application of the ‘right to be forgotten’ principle following the decision in Google Spain SL, Google Inc. v Agencia Espanola de Proteccion de Datos (AEPD) and Mario Costeja Gonzalez (Case C-131/12). Continue reading
In a judgment handed down at the High Court today, Mr Justice Warby has ordered Google LLC to delist eleven URLs referring to a spent conviction of a businessman known as NT2. The claim brought by the other claimant, NT1. A joint public judgment was given in both cases ([2018] EWHC 799 (QB)). Continue reading
Today sees the start of the first High Court trial to address the application of the right to be forgotten (“RTBF”) as articulated by the CJEU in C‑131/12 Google Spain v Agencia Española de Protección de Datos & Mario Costeja González (“Google Spain”). Continue reading
In a judgment dated 24 February 2017 the Dutch Supreme Court followed the grounds (of: considerations) of the Google Spain judgment of the EU Court of Justice regarding the right to be forgotten. Continue reading
A court case in France might drastically change what information individuals can access online. The case is pending before the French Council of State—France’s highest court—and concerns a “right to be forgotten” dispute between Google and the French data protection authority, CNIL. Continue reading
The Court of Justice’s seminal decision in Google Spain (2014) represented more the beginning rather than the endpoint of specifying the European data protection obligations of search engines when indexing material from the web and, as importantly, ensuring adherence to this. Continue reading
In May 2016, Google was reported to have unsuccessfully appealed against the French highest administrative court, the Conseil d’Etat, over a ruling that the decision in Google Spain requires delisting on all versions of the search engine, including google.com. A new episode of the battle over the interpretation of right to be forgotten requests is now taking place between data subjects and the French Data Protection Authority, CNIL. Continue reading
The recent CJEU judgment in VKI v Amazon (C-191/15) concerns jurisdiction both in the context of conflict of laws (applicable consumer laws) and the Data Protection Directive. Essentially, the Court of Justice had to decide which Member State’s data protection law should apply where goods are sold across national borders but within the EU. In this, it forms part of a stream of case law (both decided and pending), dealing with the powers of states (and their institutions) to protect those within their boundaries notwithstanding the digital internal market. Continue reading
In the case of Olivier G v Le Soir (29 April 2016, n° C.15.0052.F [pdf]) the Belgian Court of Cassation decided that, as the result of the “right to be forgotten”, a newspaper had been properly ordered to anonymise the online version of a 1994 article concerning a fatal road traffic accident. Continue reading
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