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Tag: Google (Page 7 of 11)

Google: a data controller as well as an intermediary service provider? Does this make sense? Who cares? – Sophie Stalla-Bourdillon

GoogleSo everyone knows it, Google is polymorphous. It has experienced many different forms: mere facilitator, publisher, hosting provider, caching provider… The latest legal label stuck on its mutant forehead is that of “data controller” and this has been done quite “noisily” by the Court of Justice of the European Union (CJEU) in its Google Spain “Costeja” judgment of 13 May 2014 (at least by listening to the numerous reactions that this judgement has triggered). Continue reading

Case Law: Vidal-Hall v Google, Distress damages can be awarded under s 13 DPA without pecuniary loss (and misuse of private information is a tort) – Lorna Skinner

igooglemagesIn Vidal-Hall v, Google Inc ([2015] EWCA Civ 311) the Court of Appeal dismissed Google’s appeal from the decision of Tugendhat J in which he declined to declare that the English court did not have jurisdiction to hear data protection and misuse of private information claims brought against it. Continue reading

Spain: The Right to Be Forgotten Does Not Apply to Google’s “Blogger” platform – Miguel Peguera

BloggerIn a recently reported ruling, the Spanish National High Court held that Google is not responsible for the processing of personal data on blog hosted on Google’s owned Blogger, and therefore, that the so called “right to be forgotten” established by the Court of Justice of the European Union (CJEU) in the Google Spain case does not extend to a blogging platform. Continue reading

Case Law: Mosley v Google Inc, Data Protection claim against Google to go to trial – Lorna Skinner

google-logoOn 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

Google Spain, the missing link: where do third parties stand in the “right to be forgotten”? – Stacie Walsh

s560x316_Right_to_be_forgottenOn 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

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