[Chapter-delegates] [European-chapters] ECJ: Internet searchengine's data processing responsibilities

[Pablo García Mexía]

Hi, Richard.
My apologies for a terribly late response.
​You didn´t misunderstand: surely Google´s preliminary decision will be
subject to administrative and possibly judicial review. However they ought
to somehow represent as judges in making that decision.
By the way it might be the case that they wound up being sued, not only by
the initial data subject, but why not by third parties who might feel
censored by the search engine´s decision. No doubt a paradox from the
ruling.
On the other hand, the standard set forth by the ECJ vis-a-vis Google is
that of an editor: Google is to consider whether the quality of the data
stands after the passage of time in relation to the goal that data was
supposed to achieve. How Google can actually perform that standard is very
uncertain, for they did not edit the Information in the first place. This
is why references to liability of ISPs in copyright violation or in
defamation cases do not seem apposite: in those cases, ISPs -not editors-
such as Google can only be held liable on very limited grounds, namely
effective knowledge and failure to expeditiously react thereto.
Best wishes.

-- 
Pablo García Mexía, J.D., Ph.D.
Profesor visitante de Derecho de Internet
The College of William & Mary

Sigue mi columna semanal en ABC.es
http://abcblogs.abc.es/ley-red/


On Mon, May 19, 2014 at 2:02 PM, Richard Hill <rhill at hill-a.ch> wrote:

>  Dear Pablo,
>
> Perhaps I misunderstood the ECJ judgement, but it seems to me that it does
> not impose any obligation on Google to adjudicate privacy or to substitute
> itself for a judge.  As I understand it, the ECJ says that a private person
> can request that certain links be removed.  If the search provider refuses,
> then the private person can ask his national authorities (data protection
> officer or courts, as the case may be) to evaluate his request and, if it
> is justified, to order the search provider to remove the link.
>
> Best,
> Richard
>
> -----Original Message-----
> *From:* Chapter-delegates [mailto:
> chapter-delegates-bounces at elists.isoc.org]*On Behalf Of *Pablo García
> Mexía
> *Sent:* lundi, 19. mai 2014 11:35
> *To:* Frédéric Donck
> *Cc:* Delegates Chapter; European Chapters; Privacy list; Elist
> publicpolicy
> *Subject:* Re: [Chapter-delegates] [European-chapters] ECJ: Internet
> searchengine's data processing responsibilities
>
>  ​Just wrote an article on my blog on Spanish ​newspaper ABC.es
> concerning this crucial ruling: http://abcblogs.abc.es/ley-red/
> [In Spanish, sorry!!]
> Google does searches; the ECJ will have it adjudicate on "privacy" from
> now on. And yet, how can Google substitute to a judge on issues as relevant
> and touchy as these?
> Best wishes.
>
>
>
> ​
>
>
> On Tue, May 13, 2014 at 11:13 AM, Frédéric Donck <donck at isoc.org> wrote:
>
>>  Dear All
>>
>> Please find below a very important decision from the European Court of
>> Justice.
>> In short, in its ruling
>> <http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-05/cp140070en.pdf>
>>  from 13 May [Google vs Spanish Data Protection Agency (AEPD)], the
>> Court of Justice of the European Union stated that an operator of Internet
>> search engine is responsible for the processing that it carries out of
>> personal data which appear on web pages published by third parties. More
>> details in the attach. I would be interested to hear your views.
>>
>> We shall address it in our next EU newsletter but felt that the
>> information deserved immediate distribution.
>>
>> Best Regards
>> Frederic
>>
>> Frederic Donck
>> Director European Regional Bureau
>> Internet Society
>>
>> www.isoc.org
>>
>> Début du message réexpédié :
>>
>>
>>
>>
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>
>
>
>
>
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-- 
Pablo García Mexía, J.D., Ph.D.
Profesor visitante de Derecho de Internet
The College of William & Mary

Sigue mi columna semanal en ABC.es
http://abcblogs.abc.es/ley-red/
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