France’s highest administrative court urged to make a reference for a preliminary ruling in relation to right to be forgotten requests – Mathilde Groppo

9 02 2017

conseiletatIn May 2016, Google was reported to have unsuccessfully appealed against the French highest administrative court, the Conseil d’Etat, over a ruling that the decision in Google Spain requires delisting on all versions of the search engine, including google.com. A new episode of the battle over the interpretation of right to be forgotten requests is now taking place between data subjects and the French Data Protection Authority, CNIL. Read the rest of this entry »





Case Law, CJEU: VKI v Amazon, Which data protection and consumer law applies to Amazon? – Lorna Woods

24 08 2016

amazonThe recent CJEU judgment in VKI v Amazon (C-191/15) concerns jurisdiction both in the context of conflict of laws (applicable consumer laws) and the Data Protection Directive. Essentially, the Court of Justice had to decide which Member State’s data protection law should apply where goods are sold across national borders but within the EU. In this, it forms part of a stream of case law (both decided and pending), dealing with the powers of states (and their institutions) to protect those within their boundaries notwithstanding the digital internal market. Read the rest of this entry »





Case Law, Belgium: Olivier G v Le Soir. “Right to be forgotten” requires anonymisation of online newspaper archive – Hugh Tomlinson QC

19 07 2016

lesoir_363x242In 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. Read the rest of this entry »





Case Law, France: X v Google France and Google Inc, Court orders “delisting” of story alleging links to a sex scandal

17 06 2016

0901_google_BIGIn the case of X v Google France and Google Inc (Judgment of 13 May 2016), the Tribunal de grand instance de Paris ordered Google Inc to remove a link to a URL of a blog accusing the applicant of being linked to a sex scandal. Read the rest of this entry »





Google and the “Right to delist”: where are we now?

15 06 2016

EraseThe 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%. Read the rest of this entry »





The ‘Right to be Forgotten’: the scope of delisting – Max Campbell

27 05 2016

Google CNILIt 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. Read the rest of this entry »





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 »