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The European Court of Justice, in a decision rendered on May 13, 2014, held that search engines are considered data controllers under the Directive of October 24, 1995 on data protection, and as such they must provide data...more
In Attorney General of Manitoba et al. v. Clark, 2013 MBQB 249 (“Clark”), the Crown sought to enforce an evidence gathering order under the Mutual Legal Assistance in Criminal Matters Act (the “Act”). The order required...more
Since Google, a web search engine provider, became a multi-billion dollar company, it has steadfastly refused to remove internet search results on a discretionary basis. In fact, Google support expressly provides that...more
A recent court ruling in Europe will present new challenges to online corporations such as Google Inc. and Microsoft Corp. Not only will this directly affect their operations in the E.U., but it will also have implications...more
In an earlier blog post, Patrick Van Eecke and Anthony Cornette discussed the impact of the ECJ Case C-131/12. The authors now provide some further insight on the latest developments relating to the ECJ case on the ‘Right to...more
In its newly published Fact Sheet on the Right to Be Forgotten, the European Commission has tried to dampen the negative reaction to the European Court of Justice (ECJ) Right to Be Forgotten decision by noting that the right...more
The European Court of Justice’s decision in the Google Spain “right to be forgotten” case isn’t just a ruling about a crazy European regulation. Commentators who brush it off on that basis, or as an anti-free-speech...more
On May 13, 2014, the European Court of Justice (ECJ) delivered a judgment in Google vs. AEPD (C-131/12, hereinafter “Google Decision”) based on the EU Data Protection Directive (Directive 95/46/EC, the “Directive”). In the...more
(LONDON) Google – along with the rest of us – is still considering the implications of the European Court of Justice’s May 13, 2014 decision that Google must remove links to a newspaper article containing properly published...more
In a decision with far-reaching consequences, the European Court of Justice (located in Luxembourg) (“ECJ”) ruled on May 13, 2014, that E.U. citizens can demand that search engines – in this instance Google – must delete...more
On May 13, the European Court of Justice held that an internet search operator is responsible for the processing of personal data that appear on web pages published by third parties, and that an individual has a right to ask...more
While the popular press has been full of stories about the European Court of Justice’s (“ECJ”) ruling creating a “right to be forgotten” (ahead of the still pending Data Protection Regulation), we will focus on both the...more
The privacy of individuals has always been taken much more seriously in Europe than in the United States. In Europe, privacy is deemed a fundamental human right and has long been protected through extensive regulations. The...more
Court defines its territorial reach and obliges Google to remove “old” unwanted personal data from web search results -
In a landmark ruling on 13 May 2014,1 the Court of Justice of the European Union (“CJEU”), the...more
The European Court of Justice (ECJ) issued a quite surprising decision against Google which has significant implications for global companies....more
Today’s decision by the European Court of Justice (ECJ) that individuals enjoy the right to have truthful yet unflattering information about them “forgotten” from online search results is generating a great deal of...more
Last week, Sherry Knowles, former chief patent counsel for GlaxoSmithKline and now principal at Knowles Intellectual Property Strategies, LLC submitted to Managing Intellectual Property magazine a detailed critique of the...more
On April 8, 2014, the highest court in the European Union invalidated an EU law that required telephone and electronic communications providers to retain user data for up to two years....more
In 2004, the Chinese Communist Party announced a new national goal of building a “Harmonious Society.” Since then, this goal has often been cited by the Chinese government as a reason for Internet censorship. In Mandarin,...more
The Issues Concerning the Legitimacy of the Regulations -
At the end of a process started in 2010, after three public consultations on an equal number of proposals, on December 12, 2012 AGCOM (i.e. the Italian...more
AOL, Apple, Facebook, Google, LinkedIn, Microsoft, Twitter and Yahoo have issued an open letter to Washington calling on politicians to reform government surveillance worldwide....more
On November 6, a Paris Court ordered Google to filter out hyperlinks to images of former F1 boss Max Mosley in an allegedly Nazi-themed sadomasochistic orgy. (TGI Paris, 17e ch., 6 novembre 2013, RG 11/07970, Max Mosley c....more
The Federal Circuit, in a split decision, affirmed denial of motions to dismiss on jurisdictional grounds and Federal Court joinder rules in University of Utah v. Max-Planck-Gesellschaft zur Forderung der Wiessenschaften e.V...more
On May 23, after the approval of 24 Mexican states (Aguascalientes, Baja California Sur, Campeche, Chiapas, Chihuahua, Coahuila, Colima, Durango, Guanajuato, Hidalgo, Jalisco, México, Morelos, Nayarit, Puebla, Querétaro,...more
On April 16, 2013, the House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet, held a hearing on “Abusive Patent Litigation: The Issues Impacting American Competitiveness and Job...more
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