A right to delete – not a right to be forgotten… Paul Bernal

8 08 2014

delete-buttonOne of the many things people are getting angry about the ‘right to be forgotten’ is in the name… something that I’ve been banging on about for some years. I talk about the right quite a lot in my book Internet Privacy Rights… so I thought I’d just give a quick flavour of it. Here are a couple of paragraphs from Chapter 7: Read the rest of this entry »





Case Law: AB v Ministry of Justice, Subject access requests and compensation – Helen Mulligan and Owen O’Rorke

25 07 2014

data-protection-and-cyberThe right to access to one’s own “personal data”, subject to certain exemptions and limitations, has now been part of UK law for some 30 years. Under the current Data Protection Act 1998 (DPA) an individual dissatisfied with the response to his or her “subject access request” (or “SAR”) can effectively choose whether to enforce those rights via the courts, or via the UK regulator, the Information Commissioner’s Office (“ICO”). Read the rest of this entry »





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 »








Follow

Get every new post delivered to your Inbox.

Join 3,753 other followers