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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Tag: Right to be Forgotten (Page 2 of 5)
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. Continue reading
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. Continue reading
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. Continue reading
The much-anticipated decision in NT 1 & NT 2 v Google LLC [2018] EWHC 799 (QB) was handed down on 13 April 2018. The joint judgment in two separate claims against Google, is the first time the English courts have had to rule on the application of the ‘right to be forgotten’ principle following the decision in Google Spain SL, Google Inc. v Agencia Espanola de Proteccion de Datos (AEPD) and Mario Costeja Gonzalez (Case C-131/12). Continue reading
In a judgment handed down at the High Court today, Mr Justice Warby has ordered Google LLC to delist eleven URLs referring to a spent conviction of a businessman known as NT2. The claim brought by the other claimant, NT1. A joint public judgment was given in both cases ([2018] EWHC 799 (QB)). Continue reading
Today sees the start of the first High Court trial to address the application of the right to be forgotten (“RTBF”) as articulated by the CJEU in C‑131/12 Google Spain v Agencia Española de Protección de Datos & Mario Costeja González (“Google Spain”). Continue reading
In a recent ruling, the Spanish Audiencia Nacional – the high court that referred the Google Spain case to the Court of Justice of the European Union (“CJEU”) – has somehow expressed opposition against imposing global delisting obligations on search engines. Continue reading
In a recent blog post, I discussed the role of EU Member State laws in defining and enforcing the “Right to Be Forgotten” (RTBF) under the EU’s new General Data Protection Regulation (GDPR). I consider these GDPR provisions in more detail in my forthcoming article. Because in the future RTBF may be applied to hosting services like Facebook or Dailymotion, I discuss potential consequences for them as well as search engines. Continue reading
The EU’s new General Data Protection Regulation (GDPR) will come into effect in the spring of 2018, bringing with it a newly codified version of the “Right to Be Forgotten” (RTBF). Depending how the new law is interpreted, this right could prove broader than the “right to be de-listed” established in 2014’s Google Spain case. Continue reading
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