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

[Robert Guerra]

Olivier,

Norms and protections vary from country to country. Rights aren’t always obsolete in free and democratic societies. Free expression protections vary in the US, UK, Canada, France and Germany as do privacy, surveillance and environmental protection laws.

The right to be forgotten is more complex a right then its simple name might imply. There’s a great deal of nuance and detail that are likely found in the recent CoE legal decision.  If I’m not mistaken requests for search result removal (not data removal ) are  adjudicated by a national level privacy oversight body (i.e. data protection agency) . I might be  wrong, so do ask the EU lawyers on this list to clarify.

regards

Robert


On May 15, 2014, at 2:15 PM, Olivier MJ Crepin-Leblond <ocl at gih.com> wrote:

> Hello Norbert,
> 
> in the examples on http://www.bbc.com/news/technology-27423527  (a
> politician, a man convicted of possessing child abuse images, a doctor
> with negative reviews) which right should outweigh the other? How would
> this be determined? Is this process basically going to be used by people
> who have something to hide?
> 
> Kind regards,
> 
> Olivier
> 
> On 15/05/2014 11:07, Norbert Bollow wrote:
>> Lorena Jaume-Palasi <lorena at collaboratory.de> wrote:
>> 
>>> 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.
>> You're IMO mis-reading the judgment. 
>> 
>> Let's be specific.
>> 
>> The court says that in regard to facts about a person's personal life
>> that are (at a given time) not of significant public interest and which
>> the person does not wish to be immediately found by means of a Google
>> search for their name, the right to privacy is higher ranked than the
>> economic interest of Google (of course, since economic interests
>> and rights of corporations are by definition ranked lower than human
>> rights) and the rights of the public to access information (which are
>> a logical consequence of a human right, so that is a serious point.)
>> 
>> The court also explicitly says, as the final sentence of the ruling:
>> “However, that would not be the case if it appeared, for particular
>> reasons, such as the role played by the data subject in public life,
>> that the interference with his fundamental rights is justified by the
>> preponderant interest of the general public in having, on account of
>> its inclusion in the list of results, access to the information in
>> question.”
>> 
>> There you have it, depending on the circumstances (the particular legal
>> implementation in EU law of) one or the other human right is to be the
>> determining factor.
>> 
>> The scope of application of (the particular legal implementation in EU
>> law of) of one human right is determined by (the particular legal
>> implementation in EU law of) the other human right, and vice versa.
>> 
>> One human right balanced by the other.
>> 
>> Just like things should be.
>> 
>> Greetings,
>> Norbert
>> 
> 
> -- 
> Olivier MJ Crépin-Leblond, PhD
> http://www.gih.com/ocl.html
> 
> 
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