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Today the Court of Justice of the European Union (CJEU) invalidated Decision 2000/520 of the European Commission establishing a safe harbour for transferring personal data from the EU to the US. Furthermore, it clarified and strengthened the role of national Data Protection Authorities when such a safe harbour is issued. The judgment is explained by some highlights, and the post is concluded with the Commission’s response.
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On 13 May the CJEU accepted a partial ‘right to be forgotten’ in the Case of Google Spain, Google v. AEPD. What is remarkable about this ruling, is the extent of privacy protection adopted.
The Facts of the Case
Some 16 years ago Mario Costeja González was going through a rough patch in his life and was unable to pay his social security debts. As a result, his house was sold via public auction. This auction was announced in a newspaper. At a later date an electronic version of the newspaper was made available online by its publisher. Google indexed the link and if you ‘googled’ the name of Mr. González a link to the newspaper article showed up in the search results. More…
aggregation, case note, freedom of information, Google, Google Spain, privacy, right to be forgotten
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Today the Court of Justice of the European Union (CJEU) declared the Data Retention Directive to be invalid, based on the fact that ‘the EU legislature has exceeded the limited imposed by compliance with the principle of proportionality’. How did the CJEU come to this decision, what are the governmental responses and what does this mean for harmonisation? More…
