Tag Archives: right to be forgotten

Forget-me-not: Google v. CNIL defines territorial scope of the right to be forgotten

Today, the European Court of Justice (ECJ) handed down its decision in Google v. CNIL, dealing with the remit of the ‘right to be forgotten’ (RTBF). In short, the ECJ held that the operator of a search engine is not required to carry out de-referencing on all domain extensions of its search engine when dealing … Continue Reading

Get your update on IT & Data Protection Law in our Newsletter (Fall 2018 edition)

The Fall 2018 edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released. We provide updates on Facebook fan pages, the right to be forgotten, cease and desists by competitors under GDPR, spamming and customer satisfaction surveys, the German Network Enforcement Act, and more. The newsletter also includes … Continue Reading

The digital beyond: Facebook ordered to disclose circumstances around deleted profile

In the recent case of Sabados v Facebook Ireland [2018], the English High Court ordered Facebook to disclose the identity of a mystery individual who requested that the platform delete the profile of a deceased user of the platform. Around six months after the death of Mr Mirza Krupalija, Facebook received a request from an … Continue Reading

Get your update on IT and data protection law in our newsletter

The Winter 2018 edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released. We cover new case law on marketing consent, cookie consent, the liability of platform providers, employee data protection, sales of address data and the right to be forgotten. The newsletter also includes multiple recommended reads … Continue Reading

UK first: right-to-be-forgotten notice issued against Google Inc.

The UK’s Information Commissioner’s Office (‘ICO’) has published what appears to be its first public enforcement notice based upon “the right to be forgotten” against Google Inc. The “right to be forgotten” was introduced by the ECJ last year when it held that data subjects have a right to compel search engines to remove results … Continue Reading

Search engine providers face tougher fines under proposed EU tiered fine system

A leaked draft proposal posted by StateWatch and created by the European Commission reports that most Member States appear to be in favour of introducing a three-tiered fine system for non-compliance with EU data protection rules. Under the proposal, which was revised as a result of the 21 April 2015 meeting, all Member States are … Continue Reading

Italy Releases Draft Declaration of Internet Rights

Italy’s Chamber of Deputies has proposed a ‘Draft Declaration of Internet Rights’ (Declaration), acknowledging both the way in which the internet has changed interactions and the way it has erased borders, but also noting that the EU’s protection of personal data is a necessary reference for governing operation of the internet. The Declaration is now open … Continue Reading

European Commission and EU Art 29 dispel the myths on the ECJ’s decision in Google Spain

In May 2014, we reported on the implications of the landmark decision in Google Spain which recognises the right for individuals to have links about themselves de-listed from search results. In response to the complaints received, the Article 29 Working Party (Art 29 WP) published a report on work being carried out to handle complaints, … Continue Reading

EU Art. 29 Releases Guidelines on the Right to be Forgotten

In November, the Article 29 Data Protection Working Party (Working Party) released guidelines as to how the Data Protection Authorities (DPAs) assembled in the Working Party intend to implement the judgment of the Court of Justice of the European Union (CJEU) in the case of Google Spain SL and Google Inc. v Agencia Española de … Continue Reading

UK High Court considers implications of the Google Spain case for the first time

In July 2014, the High Court (the ‘Court’) considered for the first time the implications of the landmark decision in Google Spain, when delivering an interim judgment in the case of Hegglin v Persons Unknown [2014] EWHC 2808 (the ‘Judgment’). Mr Hegglin (the ‘Claimant’), a businessman who lived in London but now resides in Hong … Continue Reading

House of Lords’ report on Google ‘right to be forgotten’ case concludes that it’s ‘bad law’

Back in May, we covered the European Union Court of Justice’s landmark ruling in the Google Spain case (‘CJEU Judgment’). Since then, much has been made in the media about the so-called “right to be forgotten”, and the various characters that have requested the removal of links relating to them. Now, the House of Lords … Continue Reading

Further reform in Australia

Australia’s privacy protection reform laws came into force in mid-March, making significant changes to the regulation of data. Further reform is now on the horizon, with the Australian Law Reform Commission (the Commission) publishing a discussion paper titled, ‘Serious Invasions of Privacy in the Digital Era’ (Discussion Paper). The Commission is carrying out an inquiry … Continue Reading

Court Ruling Reinforces The ‘Right To Be Forgotten’ On Social Media Sites

This post was written by Cynthia O’Donoghue. The "right to be forgotten" is a hot topic of discussion in the context of imminent EU Data Protection Reform. Article 17 of the new EU General Data Protection Regulation will give data subjects the “right of erasure” to request that data controllers delete any personal data relating … Continue Reading

Viviane Reding Addresses the Progress of the Proposed Data Protection Framework Reform

This post was written by Cynthia O’Donoghue. In a speech at the EC Justice Council meeting in Dublin 18 January 2013, Vivian Reding, European Commissioner for Justice, Fundamental Rights and Citizenship, demonstrated her commitment to continuing the “good progress” made on the EU Proposed Data Protection Framework (Proposed Framework). Her comments focused on three topics … Continue Reading

The European Network and Information Security Agency (ENISA) publishes report on the ‘Right To Be Forgotten’

The “right to be forgotten” as contained in the EU Commission’s Proposed Data Protection Regulation (Proposed Regulation), enhances the existing right to data erasure obligation by including an obligation on data controllers that have personal data public, to inform third parties on the data subject’s request to erase any links to, or copy or replicate … Continue Reading

The UK Justice Committee critiques the European Union’s proposed Data Protection Framework

This post was written by Cynthia O’Donoghue. The UK Justice Committee has laid out its concerns in its opinion on the European Commission’s legislative proposals (the Proposal) for reform of the European Data Protection Framework. In forming its judgement, the Justice Committee heard evidence from: the Ministry of Justice, the Information Commissioner’s Office, the EU … Continue Reading

Does Google Remember Too Much? Spain’s National Court Tests the “Right to be Forgotten”

In the midst of discussions on Google’s revised privacy policy and its compliance with EU legislation, Spain’s highest court, the Audiencia Nacional de España, has referred a case up to the European Court of Justice (ECJ) to decide on whether Spanish citizens can lawfully demand that Google delete information about them from its search engine, … Continue Reading

Leaked proposed EU Commission Data Protection Regulation has potential to open eyes and make mouths water!

The European Commission’s new draft data protection regulation was leaked to the press earlier this month. The proposal includes repeal of the present EU Data Protection Directive 95/46 and recommends a General Data Protection Regulation, as well as a Police and Criminal Justice Data Protection Directive. The Commission appears to have made good its threats … Continue Reading