Trivial to implement "to be forgotten" (was: Re: [governance] [IP] On Monday EPIC Freedom Awards to Allen, Amash, The Guardian, Snowden + Google right to be forgotten link

Sun Jun 1 16:13:35 EDT 2014

according to EU Data Protection Directive from 1995 (still valid), they
cannot ascertain the balance between privacy and data protection. it is up
to the member states. (See art. 9 of the Directive). The ECJ took its
decision based on the Directive.
It's black and white in the text of the decision. Otherwise please quote
corresponding article or para.
Cheers
Lorena

2014-06-01 21:19 GMT+02:00 Matthias C. Kettemann <
matthias.kettemann at gmail.com>:

> Not sure I followed the whole debate, but surely the ECJ rulings are based
> on EU law, including the FRC. The Court could have and should have
> discussed FoE.
>
> Cheers
> Matthias
>
>
> Am 01.06.2014 um 21:12 schrieb Lorena Jaume-Palasi <
> lorena at collaboratory.de>:
>
> SNIP
>
>> > > > This is not the point, Norbert:
>> > > > 1-the ECJ cannot judge on Art. 11 (freedom of expression): this
>> > > > competence is for the courts of the member states.
>> > >
>> > > Untrue. Of course the ECJ can rule on the application of any of the
>> > > fundamental rights, in relation to the question that is asked of the
>> > > court.
>> >
>> > Of course not, Norbert. This is convened in Art. 9 of the Data
>> > Protection Directive of 1995
>> >
>> > Article 9 Processing of personal data and freedom of expression
>> >
>> > *Member States shall provide for exemptions* or derogations from the
>> > provisions of this Chapter, Chapter IV and Chapter VI for the
>> > processing of personal data carried out solely for journalistic
>> > purposes or the purpose of artistic or literary expression only if
>> > they are necessary to reconcile the right to privacy with the rules
>> > governing freedom of expression. Translated into understandable
>> > English: it is on the member states to specify their own particular
>> > perception on that balance. Hence the ECJ cannot do that.
>>
>> There are indeed specifics which are up to the member states, and
>> which are therefore not part of what the ECJ is asked to rule on.
>>
>> That however does not exclude Freedom of Expression or anything else
>> that is recognized at the EU level as a fundamental right from
>> consideration in regard to any question that the ECJ is asked to rule
>> on.
>>
>
> Again: this article states, that the ECJ cannot ponder on the balance of
> freedom of expression with privacy. The ECJ confirmed this in the Lindqvist
> case. This is glass clear. It is a competence of the states.
> If it was like you say, Art. 9 of the Directive would not make any sense
> at all! I don't understand the logic of your arguments:
> on the basis of which law or article are you stating this? You just give
> statements, but I still haven't seen a single paragraph supporting what you
> say - and you won't find them.
> Art. 9 explains why the ECJ doesn't mention Art.11 explicitly and only
> talks indirecty about it.
> The basis of the ECJs decision is the Data Protection  Directive ONLY.
> Best
>  Lorena
>
>
>>
>> > > I and Matthias Kettemann and possibly others have answered your
>> > > misinterpretation of those words already; I will not waste my time
>> > > on repeating that discussion.
>> >
>> > Norbert, you gave me a tautological answer without even quoting a
>> > passage or reasoning the interpretation in accordance with the EU
>> > Charter on Fundamental Rights. Tautologies are not an answer but a
>> > repetition. I quoted the text of the ECJ decision (you haven't
>> > replied to that).
>>
>> I tried to explain in what way you were misreading it. Obviously I
>> failed in that the explanation did not achieve its intended outcome.
>>
>> I could try again, but for reasons of time constraints my participation
>> in this conversation ends now.
>>
>> Greetings,
>> Norbert
>>
>>
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>
>
> --
> Lorena Jaume-Palasí, M.A. ∙ Coordinator of the Global Internet Governance
> (GIG) Ohu
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-- 
Lorena Jaume-Palasí, M.A. ∙ Coordinator of the Global Internet Governance
(GIG) Ohu
 Internet & Gesellschaft Co:llaboratory e.V.
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