In the autumn of 2014 the Amsterdam Court was offered a chance to shed light on the interpretation of the Google Spain (Costeja) decision of the European Court of Justice, which created a ‘right to be forgotten’. Continue reading
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Tag: Google Spain (Page 4 of 5)
A one day conference on “EU Internet Regulation after Google Spain” is being held at the University of Cambridge, Faculty of Law on 27 March 2015. Continue reading
On 15 January 2015 Mr Justice Mitting gave judgment in only the second English data protection case against Google after the decision in Google Spain. In Mosley v. Google ([2015] EWHC 59 (QB)), the Court dismissed an application brought by Google to strike out a claim brought by Mr Mosley under sections 10, 13 and 14 of the Data Protection Act 1998, holding at [55] that it was “a viable claim which raises questions of general public interest, which ought to proceed to trial”. Continue reading
On 26 November 2014 the European Union’s Article 29 Data Protection Working Party (“29WP”) published its guidelines for implementing the “right to be forgotten.” The thirteen guidelines, while not legally binding, are to be used by search engines and Data Protection Authorities when evaluating petitions from individuals to de-link online content that appears when searching for their name. There are three major areas of concern: notification, relinking, and international borders. Continue reading
The EU Article 29 Working Party, has adopted Guidelines on the implementation of the CJEU’s judgment in the case of Google Spain v AEPD and Costeja. Continue reading
When the CJEU’s ruling in the Google Spain case (Google Spain SL, Google Inc v Agencia Española de Protección de Datos, Mario Costeja González) appeared on 13 May 2014 it sent shockwaves through the internet. Almost no-one had expected it, partly because it was almost the diametric opposite of the opinion of the Advocate General a little less than a year before, but more because it seemed, to some at least, to have enormous implications not just for Google but for the whole balance between privacy and freedom of expression. Continue reading
It is five months since the ruling in Google Spain v AEPD and Mario Costeja Gonzalez and, as of 13 November 2014, Google had received 166,396 requests for URL removals and has evaluated 562,376 URLs to decide whether to whether to remove them from its search engine. 21,470 of the requests have come from the UK relating to 72,195 URL removals. Continue reading
The main headline on the front page of yesterday’s Times tells us that “Terrorists are exploiting the ‘right to be forgotten’”. It is a striking headline and, like the Times’ front page story three weeks ago about the police using a “loophole to hack phones”, it is total nonsense. Continue reading
Google has recently confirmed that it is refusing to extend its “de-indexing” procedures following the Google Spain decision to Google.com. This position is legally indefensible and is likely to be challenged in an EU court in the near future. Continue reading
Last week, the Court of Amsterdam in preliminary relief proceedings got a chance to shed light on the consequences of the much-discussed Google Spain (or Costeja) judgment of the Court of Justice EU in the Netherlands. As far as we are aware, this is the first time that a national court was asked to apply the Google Spain ruling. The proceedings in Amsterdam centred on one of the many ‘right to be forgotten’ requests Google received after the Google Spain judgment. Continue reading
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