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

Mon May 19 06:19:49 PDT 2014

As I understand it, the ruling establishes a principle that will apply to all search engines.

The information in question was correct at the time it was published (an updaid debt) but was no longer correct, because the debt had been paid.  The Spanish court ruled that there was no cause to order the removal of the original information, because it was correct at the date of publication.  The ECJ ruled that it was legitimate for the user to request that the link to that old, and no loger relevant, information be removed when people searched Google using his name as the search criterion.

Best,
Richard
  -----Original Message-----
  From: Chapter-delegates [mailto:chapter-delegates-bounces at elists.isoc.org]On Behalf Of John More
  Sent: lundi, 19. mai 2014 15:15
  To: Markovski Veni
  Cc: Delegates Chapter; Pablo García Mexía; Privacy list; Elist publicpolicy; European Chapters
  Subject: Re: [Chapter-delegates] [European-chapters] ECJ: Internet searchengine's data processing responsibilities

  Veni

  To be clear — I support removal of links to all sorts of defamatory, sexually harassing, etc. Information, but that is not this case. This allows anyone who does not like a true information to have links removed, even though the source is not one that has to be removed.

  And, as you say, Google may be the target, but what about all the other search engines, including smaller dedicated ones.  Better to regulate the misuse of information, such as by employers or health insurance companies.

  John More

  On May 19, 2014, at 9:01 AM, Veni Markovski <veni at veni.com> wrote:

    John, 
    I understand the case against Google, but what about the other search engines? And what about the fact that the information will still exist somewhere, regardless of whether Google will "forget it" or not?

    v.

    On 05/19/14 08:49, John More wrote:

      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

              Début du message réexpédié :

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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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Best, 
Veni Markovski
http://www.veni.com
https://www.facebook.com/venimarkovski
https://twitter.com/veni

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