A court case in France might drastically change what information individuals can access online. The case is pending before the French Council of State—France’s highest court—and concerns a “right to be forgotten” dispute between Google and the French data protection authority, CNIL. Continue reading
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Tag: Right to be Forgotten (Page 3 of 5)
The French Data Protection Agency, CNIL, is currently before a French court, arguing that Google needs to do more to comply with “Right to Be Forgotten” or “Right to Be Delisted” (RTBD) laws. The EU’s highest court, the CJEU, defined the search engine’s obligations in the 2014 Google Spain v. Costeja case, ruling that Google must comply with requests to remove links from the results it displays when people search for the requester by name. Continue reading
The age of digital technology, in which we can search and retrieve more information than we could in any previous era, has triggered a debate over whether we have too much information. Is the cure to “unpublish” things we think are wrong or out of date? Ought we have a “right to be forgotten”? Continue reading
In the case of Olivier G v Le Soir (29 April 2016, n° C.15.0052.F [pdf]) the Belgian Court of Cassation decided that, as the result of the “right to be forgotten”, a newspaper had been properly ordered to anonymise the online version of a 1994 article concerning a fatal road traffic accident. Continue reading
The Information Commissioner’s Office has released its annual report for 2015-2016. This is is Christoper Graham’s last annual report after 7 years in office. Mr Graham said that there had been a year of “real achievement”. He said “We have delivered on our objectives, responding to new challenges, and preparing for big changes, particularly in the data protection and privacy field.” Continue reading
The decision in Google Spain gave data subjects the “right to delist” – to require search engines to remove links to personal data which was “inadequate, irrelevant or excessive”. Google’s transparency report shows that it has received 53,913 removal requests relating to 202,846 URLs from individuals with relationships to the UK. It has removed a total of 78,704 URLs or 38.8%. Continue reading
It is now just over two years since the Court of Justice of the European Union first ruled that Google was a data controller and that the principles of EU Directive 95/46/EC (‘the Data Protection Directive’), and the various national legislation that implement them, applied to its search results. Continue reading
The right to be forgotten – which can be best described as a right to be delisted – was recognized by the CJEU on the assumption that the search engine operator, Google Inc., is a data controller of the personal data included in the search results. Continue reading
For the last couple of years, journalist Dune Lawrence has been subject to constant harassment. She wrote several articles about an investment firm, and the owner initiated an online defamation campaign against her and other targets. He posted images of her to his website and called her a racist, a fraud, incompetent and dumb, among many other insults. Continue reading
The probably-really-almost-totally final 2016 General Data Protection Regulation (GDPR) is here! Lawyers around the world have been hunkered down, analyzing its 200-plus pages. In the “Right to Be Forgotten” (RTBF) provisions, not much has changed from prior drafts. The law still sets out a notice and takedown process that strongly encourages Internet intermediaries to delete challenged content, even if the challenge is legally groundless. Continue reading
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