right to be forgotten
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Advocate General issues two Opinions on “right to be forgotten”
On 10 January 2019, the Advocate General (AG) Maciej Szpunar delivered two Opinions to the Court of Justice of the European Union (CJEU) that could have far-reaching implications for the “right to be forgotten”, which aims at enabling individuals to lead an autonomous life without stigmatisation from their past actions.
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Human rights court: Website not liable for anonymous comment
On 9 March 2017, the European Court of Human Rights (ECHR) published its unanimous ruling in the case of Pihl v. Sweden. It declared that a non-profit association was not liable for an anonymous defamatory comment posted on its blog. The plaintiff Rolf Anders Daniel Pihl had made a civil claim against the small non-profit […]
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Google’s forgetful approach to the “right to be forgotten”
Google is unquestionably a pioneer with regard to transparency reporting in the online environment. It was among the first to demand more transparency regarding government restrictions on freedom of communication and access to user data. The company has continued to learn and refine its processes. It has produced a consistent methodology for the various types […]
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#3 Freedom to make mistakes: How to defend yourself from abuses
Lee este artículo en español This is the third blogpost of our series dedicated to privacy, security and freedoms. In the next weeks, we will explain how your freedoms are under threat, and what you can do to fight back. Public availability of sensitive information: What is that and how it works? In the online […]
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EU decides that Google is not a search engine
The European Union has adopted legislation which establishes that Google is not a search engine. After two years of legislative process and negotiations between the European Parliament and the Council of the European Union, the final text would also mean that Bing, Yahoo and DuckDuckgo are also not search engines. As part of the broad […]
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Journalistic plagiarism not covered under Google’s right to erasure
On 24 December 2015, the Amsterdam District Court delivered a new ruling on the “right to erasure” for personal search results on Google (known to some as the “right to be forgotten”). In the Netherlands, this right has thus far been interpreted restrictively, with courts emphasising the importance of freedom to access information online. This […]
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General Data Protection Regulation: Document pool
In January 2012, the European Commission, following extensive consultations, published a draft Regulation. The initiative had three priorities – modernisation of the legal framework for the protection of personal data, harmonisation of the rules across the EU (proposing a single Regulation rather than a Directive that is implemented via 28 national laws) and maintaining existing […]
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Google now supports AND opposes the “right to be forgotten”
In April 2014, the European Court of Justice ruled, unremarkably, that Google should amend search results that are unfair to individual users – if they are clearly out of date and irrelevant, for example. Google’s reaction was ferocious – it launched a major press campaign to try to undermine the legal basis for the ruling, […]
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Google and the right to be forgotten – the truth is out there
After all of the noise surrounding the Google/Spain case, the “deletion” of search results, the paedophiles whose crimes would be washed away and the end of history, the reality of the case is slowly drifting into the media. We were told by the Wall Street Journal three weeks ago that any search results that were […]
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Google’s right to be forgotten – industrial scale misinformation?
When the European Court ruled on the Google Spain case, the press leaped on the decision as an example of the “right to be forgotten”. The Guardian explained that Google would “have to delete links to two pages on La Vanguardia’s website” and that “[l]egal experts said the ruling could give the go-ahead to deletion […]
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Google takes the first steps to comply with European Court ruling
The noise, misunderstandings and confusion about the alleged “right to be forgotten” has increased in amplitude since the Court of Justice of the European Union (CJEU) issued its ruling on the so-called “Google case”. Like a politician’s use of statistics, the phrase “right to be forgotten” has been used by critics of privacy law like […]
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