The European Data Protection Board’s Draft Guidelines for Search Engines and the Future of the ‘Right to be Forgotten’ Online, Part 2 – David Erdos

13 02 2020

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. Read the rest of this entry »





The European Data Protection Board’s Draft Guidelines for Search Engines and the Future of the ‘Right to be Forgotten’ Online, Part 1 – David Erdos

12 02 2020

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. Read the rest of this entry »





ECJ confirms territorial limitations of ‘the right to be forgotten’ – Iain Wilson and Elisabeth Mason

3 10 2019

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. Read the rest of this entry »





The Right To Be Forgotten back in the CJEU: Court Judgments on the territorial scope of de-referencing; and sensitive personal data – Ian Helme

27 09 2019

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. Read the rest of this entry »





Data Protection: A Doctor’s right to be forgotten – Rosalind English

31 01 2019

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. Read the rest of this entry »





The Right To Be Forgotten back in the CJEU: Advocate General Opinions on sensitive personal data and the geographical scope of de-referencing – Ian Helme

11 01 2019

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. Read the rest of this entry »





Google and the Right to be Forgotten, Four Case Studies – My Clean Slate

17 10 2018

When dealing with Google, it is good to bear in mind that their erasure policy is both erratic and random.  The Right to be Forgotten seems to depend on the individual who is dealing with a request and whether they have had a good or bad day.  There have been a number of odd – indeed, downright inconsistent decisions over the past six months which illustrate the problem. Learning on the job does not quite capture it. Read the rest of this entry »





Case Law, Strasbourg: ML and WW v Germany, Article 8 right to be forgotten and the media – Hugh Tomlinson QC and Aidan Wills

4 07 2018

In the case of ML and WW v Germany ([2018] ECHR 554) (available only French), the Fifth Section of the Court of Human Rights dismissed an Article 8 “right to be forgotten” application in respect of the historic publication by the media of information concerning a murder conviction. Read the rest of this entry »





Data Protection: The Right to a Second Chance

2 06 2018

The new right to be forgotten (now known as “the right to erasure”) was enshrined in law last week, but it will pass a lot of people by. Many will not know – or care – about their online profile, but for others the right is vital to their future. Read the rest of this entry »





Right to erasure (right to be forgotten) under the GDPR: the danger of “rewriting history” or the individual’s chance to leave the past behind – Ketevan Kukava

31 05 2018

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. Read the rest of this entry »