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

Wed Jun 4 02:20:24 PDT 2014

Dear Pablo,

Thanks for this.

Regarding third parties who might feel censored, I think that they would not have standing to sue or to participate in the procedure between Google and an end-user, but maybe one of the European lawyers on this list can clarify that point.

Regarding the analogy to intermediaries, the EJC ruling actually is consistent with the principle that the intermediary has no duties or liabilities until it is notified of a potential infringement, after which it has to look into the matter.  That is, Google only need to take action if a user specifically asks it to take action.

Best,
Richard

-----Original Message-----
From: gmexia at gmail.com [mailto:gmexia at gmail.com]On Behalf Of Pablo García Mexía
Sent: mardi, 3. juin 2014 19:16
To: rhill at hill-a.ch
Cc: Frédéric Donck; Delegates Chapter; European Chapters; Privacy list; Elist publicpolicy
Subject: Re: [Chapter-delegates] [European-chapters] ECJ: Internet searchengine's data processing responsibilities

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 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

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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/