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

[Lorena Jaume-Palasi]

Imho you haven't read the court's decision until the end, Norbert:
(81) "However, inasmuch as the removal of links from the list of results
could, depending on the information at issue, have effects upon the
legitimate interest of internet users potentially interested in having
access to that information, in situations such as that at issue in the main
proceedings a fair balance should be sought in particular between that
interest and the data subject’s fundamental rights under Articles 7 and 8
of the Charter. Whilst it is true that the data subject’s rights protected
by those articles also override, as a general rule, that interest of
internet users"
Traduced into non-juridical English: the right to privacy and data
protection (Art. 7&8) OVERRIDE AS A GENERAL RULE, the interest of internet
users (Art. 11)

Now THAT is not a balance, but a hierarchy.
Best,
Lorena

2014-05-15 11:07 GMT+02:00 Norbert Bollow <nb at bollow.ch>:

> 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
>
>
> ____________________________________________________________
> You received this message as a subscriber on the list:
>      governance at lists.igcaucus.org
> To be removed from the list, visit:
>      http://www.igcaucus.org/unsubscribing
>
> For all other list information and functions, see:
>      http://lists.igcaucus.org/info/governance
> To edit your profile and to find the IGC's charter, see:
>      http://www.igcaucus.org/
>
> Translate this email: http://translate.google.com/translate_t
>
>


-- 
Lorena Jaume-Palasí, M.A. ∙ Coordinator of the Global Internet Governance
(GIG) Ohu
 Internet & Gesellschaft Co:llaboratory e.V.
www.collaboratory.de ∙
Newsletter<http://feedburner.google.com/fb/a/mailverify?uri=collaboratory&loc=de_DE>
 ∙ Facebook <http://goo.gl/eJVZn> ∙ Twitter <http://goo.gl/sUFM5> ∙
<http://www.youtube.com/user/CollaboratoryVideo?feature=CCAQwRs%3D>Youtube<http://www.youtube.com/user/CollaboratoryVideo?feature=CCAQwRs%3D>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.igcaucus.org/pipermail/governance/attachments/20140516/e939d8c5/attachment.htm>
-------------- next part --------------
____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.igcaucus.org
To be removed from the list, visit:
     http://www.igcaucus.org/unsubscribing

For all other list information and functions, see:
     http://lists.igcaucus.org/info/governance
To edit your profile and to find the IGC's charter, see:
     http://www.igcaucus.org/

Translate this email: http://translate.google.com/translate_t