Fergal Crehan makes some interesting points on the Right to Be Forgotten argument here, including my favourite, – the distinction between the right to Freedom of Expression (which to be fair, isn’t really endangered by this ruling, as the original uploader wasn’t forced to remove the content) and the Right to Freedom of Information. “The idea that we have a right to access to all published information about any other person is a new one.”
Yesterday’s decision of the Court of Justice of the EU in C-131/12, Google Spain v. Agencia Española de Protección de Datos, has generated quite a lot of media commentary, some of it, in my opinion, a bit overheated. I thought it was worth doing a quick overview of what the decision does, and more importantly does not say, and to consider the implications for the future of your information privacy.
What’s It About?
In 1998, a Spanish newspaper, La Vanguardia published a report of a court-ordered foreclosure auction to pay social security debt. In 2009, having paid off his debt, the debtor, Mr Costeja González, discovered that Googling his name led to a link to the report.
Relying on the Data Protection principles that data should, inter alia, be kept up to date, be relevant and not excessive to the purposes for which they are processed, and be…
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