The “right to be forgotten” as the right to remove inconvenient journalism? An Italian perspective by Giulia Tiberi

Abstract: In the multitude of terms that have been used in recent years in the legal literature (right to forget, right to erasure, right to delete, right to oblivion, right to social forgetfulness), the one that prevailed, the “right to be forgotten”, despite its catchy terminology, is quite a generic expression that often does not make justice to the concepts it means to carry, and … Continuer de lire The “right to be forgotten” as the right to remove inconvenient journalism? An Italian perspective by Giulia Tiberi

What should be forgotten? Time to make sense of Article 17 GDPR from the point of view of data controllers, by Pieter Van Cleynenbreugel

The Court of Justice of the European Union’s recognition of a right to obtain the removal of one’s personal data displayed in search engine results (Case C-131/12, Google Spain, EU:C:2014:317) has opened policy discussions on the conditions under which individuals’ data are to be deleted by data controllers. Those discussions culminated in Article 17 of the new General Data Protection Regulation 2016/679  (GDPR) explicitly stating … Continuer de lire What should be forgotten? Time to make sense of Article 17 GDPR from the point of view of data controllers, by Pieter Van Cleynenbreugel

Implementing the Right To Be Forgotten: towards a co-regulatory solution ? by N. Zingales and A. Janczuck

Abstrat: In Google Spain, the CJEU established a so called “right to be forgotten” (RTBF) from the results of search engines for individuals claiming that the information available at a link prompted by a search for their name is “inadequate, irrelevant or no longer relevant, or excessive”. This judgment is revolutionary not only for the far-reaching consequences of the principle it sets up, but also … Continuer de lire Implementing the Right To Be Forgotten: towards a co-regulatory solution ? by N. Zingales and A. Janczuck

Le droit à l’oubli numérique en Suède, par Patricia Jonason

Abstract: Google has received about 15,000 requests for delisting regarding Swedish websites. Yet, in more than half of the cases the American search engine operator refused to remove the disputed websites from their results. What kind of help may individuals to whom a request for delisting has been denied expect from public authorities expect from public authorities? In other words, how do the Swedish authorities … Continuer de lire Le droit à l’oubli numérique en Suède, par Patricia Jonason

Trois enseignements à tirer de la mise en oeuvre juridictionnelle de l’arrêt Google Spain, par Olivia Tambou

Three lessons from the judicial implementation of the Google Spain Case in France, by Olivia Tambou, Associate professor at the University Paris-Dauphine Asbract: In French law, we find a dozen referrals to the courts regarding the right to de-listing. The national judge is the usual judge of the right to de-listing. This affirmation has a particular meaning in France, a country with a dual judicial … Continuer de lire Trois enseignements à tirer de la mise en oeuvre juridictionnelle de l’arrêt Google Spain, par Olivia Tambou

The Application of the Right to Be Forgotten in Spain, by Miquel Peguera

Spain is an interesting country when it comes to the so-called ‘right to be forgotten’ (RTBF). After all, the famous CJEU judgment recognizing this right in relation to search engines stemmed from a request for a preliminary ruling made by a Spanish court (the Audiencia Nacional, AN) following a procedure initiated before the Spanish Data Protection Authority (DPA) by a Barcelona citizen, Mario Costeja González. … Continuer de lire The Application of the Right to Be Forgotten in Spain, by Miquel Peguera