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

[Richard Hill]

John (and others),

You may be interested in this analysis:

  http://www.wired.co.uk/news/archive/2014-05/15/google-vs-spain   

Best,
Richard
  -----Original Message-----
  From: John More [mailto:morej1 at mac.com]
  Sent: lundi, 19. mai 2014 14:50
  To: Vint Cerf
  Cc: rhill at hill-a.ch; Delegates Chapter; Pablo García Mexía; Privacy list; Elist publicpolicy; European Chapters
  Subject: Re: [Chapter-delegates] [European-chapters] ECJ: Internet searchengine's data processing responsibilities


  As a lawyer who generally dislikes litigation, I concur fully with Vint’s statement.  The ECJ’s decision is poorly conceived and drafted and can only result in expensive litigation burdening the providers of  search services (and therefore the public). 


  John


  On May 19, 2014, at 8:37 AM, Vint Cerf <vint at google.com> wrote:


    richard,
    litigation is EXPENSIVE. Google is being forced to make a judgment based not on its own standards but on an uncertain "standard" that is not clear in the opinion expressed by ECJ. This is not a good outcome. You trivialize the problem in my opinion.


    vint





    On Mon, May 19, 2014 at 8:02 AM, 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/





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