Spain: Clash between different chambers of the Supreme Court on the right to be forgotten – Miguel Peguera

14 04 2016

spain-google_110421_620x350The 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. Read the rest of this entry »





Data protection through the lens of competition law: will Germany lead the way? – Inge Graef and Brendan Van Alsenoy

24 03 2016

germany-1177268_1920_fullOn 2 March 2016, the Bundeskartellamt, the German competition authority announced its decision to initiate proceedings against Facebook on suspicion that the social network provider had abused its dominant position by infringing data protection rules.  This case represents the first attempt by a European competition authority to integrate data protection interests into competition analysis, and raises interesting questions about the interface between these two areas of law. Read the rest of this entry »





Poland: The Public, The Government And The Media – Beata Klimkiewicz

11 02 2016

bea-kl-150x150Recent media regulatory changes in Poland elicited strong reactions from international institutions and the European Union. In his letter to the Polish President Andrzej Duda, Thorbjørn Jagland, the Secretary General of the Council of Europe, expressed particular concern about the new law “and the impact it may have on the integrity and independence of public service media, as a vital condition for genuine democracy”. Dunja Miljatović, OSCE Representative on the Freedom of the Media, warned that the controversial new Act gives the Government “direct control over management positions in the PSB.” On 13 January, the European Commission took an unprecedented move to launch an investigation into the rule of law in Poland. Read the rest of this entry »





Press urges Britain to ‘Keep calm and blame Europe’ – John Jewell

9 02 2016

Sun Dad's ArmyThe latest polls are telling us that the British public are moving in droves to the Brexit camp: YouGov has found that 45% would vote to leave the EU against 36% who would vote to stay while 19% declared themselves as “don’t knows”. As The (eurosceptic) Times put it: “Excluding the ‘don’t knows’, this means 56% want to leave while 44% want to remain.” Read the rest of this entry »





Media and Information Cases before the Appellate and European Courts in 2016 [Updated3]

7 01 2016

2016There are a number of interesting cases in the field of media and information law to look forward to in 2016.  We list below the ones which have been drawn to our attention.  Please let us know if there are any further cases which should be added. Read the rest of this entry »





Investigatory Powers Bill, Bulk Personal Datasets and the ‘Spectre’ of Pervasive Surveillance – Alison Knight

30 12 2015

man-1071773__180Much has been written about the UK government’s proposed new Investigatory Powers Bill (IPB) since it was published for consultation by the Home Office, and formally presented to Parliament, early last month. Read the rest of this entry »





Final Draft of Europe’s “Right to be Forgotten” Law – Daphne Keller

20 12 2015

data-protectionThe 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. Read the rest of this entry »








Follow

Get every new post delivered to your Inbox.

Join 4,765 other followers