‘Right to be forgotten’ /data protection laws and the internet referred to CJEU.

Update 19 November 2018 Michèle Finck has excellent reporting on the hearing before the CJEU here.

Update May 2018 our paper on global case-law re RTBF is here.

Update 23 May 2017 the Case is C-136/17 and the relevant  dossier (partially in Dutch) is here, on the unparalleled website of the Dutch foreign ministry. A related case is C-505/17Update 1 February 2018 for a recent English case see [2018] EWHC 137 (QB) ABC v Google. Order to block access was denied for no permisison to serve out of jurisdiction had been sought (Google being incorporated in Delaware).

Many thanks to KU Leuven law student Dzsenifer Orosz (she is writing a paper on the issues for one of my conflict of laws courses) for alerting me to the French Conseil D’Etat having referred ‘right to be forgotten’ issues to the European Court of Justice.  I have of course on occasion reported the application of data protection laws /privacy issues on this blog (try ‘Google’ as a search on the blog’s search function). I also have a paper out on the case against applying the right to be forgotten to the .com domain, and with co-authors, one where we catalogue the application of RTBF until December 2016. See also my post on the Koln courts refusing application to .com.

The Conseil d’Etat has referred one or two specific Qs but also, just to be sure, has also asked the Court of Justice for general insight into how data protection laws apply to the internet. The Court is unlikely to offer such tutorial (not that it would not be useful). However any Advocate General’s opinion of course will offer 360 insight.

One to look forward to.

Geert.

 

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