[governance] Information of general interest: arret cour européenne Luxembourg, Spanish DPA against Google

[Lorena Jaume-Palasi]

2014-05-15 9:25 GMT+02:00 Norbert Bollow <nb at bollow.ch>:

> Lorena Jaume-Palasi <lorena at collaboratory.de> wrote:
>
> > This is heavy undemocratic stuff, once we begin to rank some human
> > rights higher than others...
>
> Of course the court was speaking in relation to a specific context.
>
> The court has stated a precedent and the balance it makes is based on the
assumption, the right to privacy is higher ranked. It does not assume that
both rights are equal and that there needs a balance. It states that the
right to privacy is higher ranked and, based on that assumption, it
re-balances the situation. This is a different procedure than a mere
balance. This considerations are based on completely different assumptions
on human rights than the standard "no human right is above the others".
There is a lot undemocratic about that.
Kind regards,
Lorena


> If in a specific context two different human rights are both relevant,
> but so that each of them taken separately would lead to a different
> outcome of the court case, of course the court has to consider which of
> the human rights is more directly relevant in the specific kind of
> context of the case at hand.
>
> There is nothing undemocratic about that.
>
> In this particular judgment, the court has ruled in a way that makes a
> well-established (in European law) legal principle on the balance
> between privacy rights and freedom of speech still effective in the
> Internet age with its search engines. I personally think that this
> judgment is the right decision.
>
> It is a decision which upholds the right of the democratic countries of
> Europe to define the balance between privacy rights and freedom of
> expression slightly differently from how that is done in the US.
>
> If Europe were to lose this right, that would from my perspective mean
> giving in to tendencies which are (whether intentionally or not) in
> their effect indistinguishable from imperialism on the part of the US.
> That would imply a very severe loss of democracy.
>
> Greetings,
> Norbert
>
>
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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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