In the wake of the digital revolution, questions surrounding the right to privacy and the right to be forgotten have come to the fore. With the digitalisation of press archives, what once required extensive archival research can now be discovered – even sometimes accidentally – through a simple online search. This is what led the Belgian Courts to order that Mr Hurbain anonymise an article in the online archive of the Le Soir newspaper. Before the European Court of Human Rights (the Court, ECtHR) Mr Hurbain argued that this order had violated his right to freedom of expression. Continue reading
The International Forum for Responsible Media Blog
Tag: Right to be Forgotten (Page 1 of 5)
On 4 July 2023, in the case of Hurbain v Belgium (App No 57292) the Grand Chamber of the European Court of Human Rights upheld (by 12 votes to 5) the decision of the Third Section that an order to anonymise an article in a newspaper’s electronic archive (which referred to a person’s involvement in a fatal road traffic accident for which they were subsequently convicted) did not breach the applicant publisher’s right to freedom of expression under Article 10 of the European Convention on Human Rights. Continue reading
I have just conducted a search on a popular search engine for “Seán Quinn”, and the message on the right – that Some results may have been removed under data protection law in Europe – appears at the bottom of each page of results. Continue reading
In the case of Hurbain v Belgium [2021] ECHR 544 (in French only), the European Court of Human Rights (Third Section), held that an order to anonymise an article in a newspaper’s electronic archive (which referred to a person’s involvement in a fatal road traffic accident for which they were subsequently convicted) did not breach the applicant publisher’s right to freedom of expression under Article 10 of the European Convention on Human Rights. Continue reading
This is the second part of a post dealing with the European Data Protection Board (EDPB)’s draft guidelines on the right to be forgotten. Part (1) dealt with the scope of the guidance and of ex post rights vis-à-vis search engines. This post will deal with (2) the substantive grounds for exercising these ex post rights, and (3) the substantive exemptions from these ex post rights. Continue reading
Securing workable, balanced and effective individual rights regarding personal data disseminated online is vital to the future of data protection and should be a significant focus of attention for the European Data Protection Board going forward. Continue reading
On 24 September 2019, whilst the country was focused on the United Kingdom Supreme Court as it ruled that the prorogation of the UK parliament was unlawful, the Court of Justice of the European Union (CJEU or ECJ), handed down judgment in Google LLC, successor in law to Google Inc. v Commission nationale de l’informatique et des libertés (CNIL), C‑507/17, effectively a sequel to the landmark data protection ‘Google Spain’ decision in May 2014. Continue reading
Following on from the Advocate General Opinions published on 10 January (which I wrote about here), yesterday the Court of Justice released its decisions in two cases concerning internet search engines and the right to be forgotten. Continue reading
An Amsterdam court has ruled that Google should delist an unofficial “blacklist” of doctors maintained by a discussion group on the internet. This is said to be the first right to be forgotten case involving medical negligence by a doctor. Continue reading
“Reconciling the right to privacy and the protection of personal data with the right to information and freedom of expression in the age of the Internet is one of the main challenges of our time.” With these words, Advocate General Szpunar opened the first of two important opinions involving Google and the right to be forgotten he delivered yesterday, 10 January 2019. Continue reading
Recent Judgments
© 2024 Inforrm's Blog
Theme by Anders Norén — Up ↑