[Chapter-delegates] Right to be Forgotten
Chester Soong
chester at soong.net
Sun Jul 27 20:52:49 PDT 2014
*This message was transferred with a trial version of CommuniGate(r) Pro*
Hi Glenn and Christine,
I think the article is fear in asking the questions of such privacy
rights from the users perspective in a technological world such as the
Internet. But there are two important legal issues that most of these
articles failed to bring up: The ruling or the judgement as a whole did
not address the right to freedom of speech, which is one of the
fundamental rights of their CF (Charter of Fundamental Rights) of the EU
and that serves also as the foundation of the Data Protection
Directives. It is why many people working in the privacy laws field
believe the judgment is troublesome. The other significant issue is that
this is the first case which the ECJ is "reaching out" with its
jurisdiction to organizations outside of the EU. The judgement made a
distinguishing definition between the roles Google Inc. and Google Spain
SL in the case, where Google Spain as a sales agent of Google Inc. So
even when Google Inc. doesn't have any presence in the EU, while it
relies on the revenue generated by Google Spain, it established a
connection between Google Inc. to the EU presence. This has a
significant effect for organizations, especially commercial entities,
who are doing business with EU citizens without any EU presence (or
think they don't have EU presence) may find themselves subject to the EU
Data Protection laws.
My two cents.
Regards,
Chester
On 27/07/2014 9:39 PM, Christine Runnegar wrote:
> *This message was transferred with a trial version of CommuniGate(r) Pro*
> Thanks for sharing this Glenn.
>
> And here is a link to the press release from the EU Article 29 Data Protection Working Party regarding the meeting with search engine providers
>
> http://ec.europa.eu/justice/data-protection/article-29/press-material/press-release/art29_press_material/20140725_wp29_press_release_right_to_be_forgotten.pdf
>
> On 24 Jul 2014, at 7:18 pm, Glenn McKnight <mcknight.glenn at gmail.com> wrote:
>
>> Interesting article on the 'Right to be forgotten' in Europe and Google
>>
>> http://www.theguardian.com/technology/2014/jul/24/google-hauled-in-by-europe-over-right-to-be-forgotten-reaction
>>
>>
>> Glenn McKnight
>>
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