A “Super-right” to Data Protection? The Irish Facebook Case and the Future of EU Data Transfer Regulation – Christopher Kuner

28 06 2014

Christopher KunerThe Court of Justice of the European Union has yet another data protection case on its docket, this time involving the transfer of data by Facebook from the EU to the US. Christopher Kuner Brussels-based Associate Professor at the University of Copenhagen and Visiting Fellow in LSE’s Department of Law, explains what is at stake. He argues that, since invalidating the EU’s Data Retention Directive earlier this year, the Court seems increasingly to consider data protection a “super-right” and should not forget the need to balance with freedom of expression. Read the rest of this entry »





Mind the gap: is data protection catching up with Google Search? – David Erdos

23 05 2014

data-protectionThe European Union Data Protection Directive of 1995 has always had lofty, and in many ways implausible, ambitions. As regards the private sector, it seeks to outlaw the input, storage or other processing on computer of any information relating to a living individual “data subject” (irrespective of whether the information is innocuous and/or widely available in the public domain) unless in each and every case that processing complies with a set of provisions put in place to ensure the protection of “the fundamental rights and freedoms of natural persons, and in particular their right to privacy” (Art. 1 (1)). Read the rest of this entry »





Google Spain: whatever happened to freedom of expression? – Guy Vassall-Adams

21 05 2014

juropean-justiceThe important judgment in the Google Spain case concerns the interpretation of Directive 95/46/EC (the Data Protection Directive) and was handed down by the Grand Chamber of the European Court of Justice on 14 May 2014. Read the rest of this entry »





A right to be forgotten? EU Court sets worrying precedent for free speech – Gabrielle Guillemin

17 05 2014

Google and SpeakingOn 13 May 2014, the Court of Justice of the European Union (CJEU) handed down its much-awaited decision in Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González. The Court held that a search engine operator is responsible for the processing of personal data which appear on web pages published by third parties. Read the rest of this entry »





Google Spain and the EU’s data protection Directive – Steve Peers

16 05 2014

internetThe EU’s data protection Directive was adopted in 1995, when the Internet was in its infancy, and most or all Internet household names did not exist. In particular, the first version of the code for Google search engines was first written the following year, and the company was officially founded in September 1998 – shortly before Member States’ deadline to implement the Directive. Read the rest of this entry »





News: Google v Spain, landmark ECJ decision in relation to freedom of expression and the right to be forgotten – Lorna Woods

13 05 2014

igooglemagesThe ECJ today handed down a case in a landmark decision regarding data protection and the Internet (Case C-131/12 Google Spain SL, Google Inc. v. Agencia Española de Protección de Datos (AEPD) and Mario Costeja González) Read the rest of this entry »





Google v Spain, Background to the forthcoming decision of the European Court of Justice – Lorna Woods

12 05 2014

Google-logoThe European Court of Justice is due to hand down its long awaited judgment in Google v Spain (Case No C-131/12)  at 9.30am on 13 May 2014  In this post, Professor Lorna Woods sets out the background to the decision. Read the rest of this entry »





Copyright and Hyperlinking: Svensson, free to link or link at your risk? – Graham Smith

23 02 2014

IE-Forum Svensson retriever Sverige ABThe decision of the European Court of Justice in Svensson v Retriever Sverige AB (Case C‑466/12, 13 February 2014) has established some important points about the legality of linking under EU copyright law: Read the rest of this entry »





News, France: Conseil d’État rejects application by Google for stay of data protection decision

11 02 2014

Google-5By an order made on 7 February 2014, the Conseil d’État rejected application for a stay of a decision by the French information commissioner, CNIL, imposing a fine of €150,000 for a violation of privacy law on Google and ordering it to post a notice of the fine for 48 hours on its home page. Read the rest of this entry »





The EU’s commitments to free expression: Libel and privacy – Mike Harris

4 01 2014

euflag_20130620_02The law of libel, privacy and national “insult” laws vary across the European Union. In a number of member states, criminal sanctions are still in place and public interest defences are inadequate, curtailing freedom of expression. Read the rest of this entry »








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