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Tag: Right to be Forgotten (Page 1 of 5)

Case Law, Strasbourg: Hurbain v Belgium, Order to anonymise newspaper archive did not violate Article 10 – Hugh Tomlinson QC and Aidan Wills

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

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

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

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

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

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

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

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

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. Continue reading

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