The GDPR and National Legislation: Relevant Articles for Private Platform Adjudication of “Right to Be Forgotten” Requests – Daphne Keller

5 05 2017

In a recent blog post, I discussed the role of EU Member State laws in defining and enforcing the “Right to Be Forgotten” (RTBF) under the EU’s new General Data Protection Regulation (GDPR). I consider these GDPR provisions in more detail in my forthcoming article. Because in the future RTBF may be applied to hosting services like Facebook or Dailymotion, I discuss potential consequences for them as well as search engines. Read the rest of this entry »





The “Right to Be Forgotten” and National Laws Under the GDPR – Daphne Keller

4 05 2017

The EU’s new General Data Protection Regulation (GDPR) will come into effect in the spring of 2018, bringing with it a newly codified version of the “Right to Be Forgotten” (RTBF).  Depending how the new law is interpreted, this right could prove broader than the “right to be de-listed” established in 2014’s Google Spain case. Read the rest of this entry »





The French Court Case That Threatens to Bring the “Right to be Forgotten” Everywhere – Nani Jansen Reventlow

27 04 2017

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. Read the rest of this entry »





Global Right to be Forgotten: Delisting, why CNIL is wrong – Daphne Keller

22 11 2016

cnil-googleThe 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. Read the rest of this entry »





How ‘right to be forgotten’ puts privacy and free speech on a collision course – George Brock

20 11 2016

forgottenThe 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 Is the cure to “unpublish” things we think are wrong or out of date?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”? 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 »





News: ICO issues Annual Report, 2016-2016: More than 20,000 complaints and over £2m in monetary penalties

29 06 2016

ico_blue_flex_logoThe 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.” Read the rest of this entry »