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28 May 2014
Issue: 7608 / Categories: Legal News
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Legal principles of Google

ECJ ruling “creates new class of data controllers”

The principles of data protection, privacy and the so-called “right to be forgotten” were in “urgent need of attention” before the controversial decision in Google v AEPD and Costeja-Gonzalez C-131/12, and “a great deal more guidance and litigation is required”, says barrister Jocelyn Ledward, of QEB Hollis Whiteman.

The European Court of Justice ruling split opinions both domestically and internationally. The case, in which a man brought an action for Google to delete an auction notice of his repossessed home, has now been remitted to the Spanish courts.

In terms of legal principles, says Ledward, the decision establishes that search engines “process” personal data within the meaning of the EU Directive 95/46/EC and the data Protection Act 1988. “This has wide-ranging implications for those who have previously been considered neutral third party conduits, in terms of privacy and data protection law, creating a whole new class of ‘data controllers’ who must comply with European data protection regimes,” she says.

The potential territorial impact of the ruling is also key—Google’s marketing activities via its Spanish subsidiary bring it within the ambit of the Directive.

The court recognised there has to be a fair balance between the data subject’s rights and the legitimate interest of internet users in accessing information. It found that Google has responsibility for removing links to web pages.

“This opens the door to large numbers of such requests being made and having to be determined, in the first instance by Google and other search engines, in compliance with a large and complex body of European and national law and regulation, with the prospect of referrals to the national data protection agency and litigation beyond,” notes Ledward.

 

Issue: 7608 / Categories: Legal News
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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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