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

Lorena Jaume-Palasi lorena at collaboratory.de
Thu May 15 19:57:26 EDT 2014


yes Stephanie, it is seen by many data protection scholars the same way: no
balance, absolute right on detriment of freedom of expression (I've sent
some links early in the day and I can send more by request)
Cheers,
Lorena


2014-05-16 1:54 GMT+02:00 Stephanie Perrin <
stephanie.perrin at mail.utoronto.ca>:

> My colleague Chris Pounder of Amberhawk training has done what I think is
> a commendably clear analysis of the opinion, here
> http://amberhawk.typepad.com/amberhawk/.
> As he points out, some rights here are absolute, not in balance.
> cheers Stephanie Perrin
>
> On May 15, 2014, at 6:40 PM, Lorena Jaume-Palasi <lorena at collaboratory.de>
> wrote:
>
> 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
>>
>>
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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.
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> ∙
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