Right to Be Forgotten

News & Analysis as of

Consumer Group Asks FTC to Adopt EU’s Right to be Forgotten

Last year we wrote about the EU’s adoption of an individual’s “right to be forgotten”, which gives Europeans the right to require search engines to remove information about them from search results for their own names, if the...more

Advertising Law - July 2015 #4

FTC And Florida AG Team up Against Medical Alert Systems - Together with the Florida Attorney General, the Federal Trade Commission filed suit against Lifewatch for allegedly using deceptive robocalls to urge older...more

‘Right to Be Forgotten’ in Russian Data Protection Law Has Passed All Stages of Approval

On July 14, 2015, Vladimir Putin, the president of the Russian Federation, has signed the law on implementation of the “right to be forgotten” (the Law). The Law comes into force on January 1, 2016....more

A significant milestone in the path towards the adoption of the General Data Protection Regulation

On 15 June 2015, the Ministers of the Council of the European Union (the "Council") agreed upon a global approach to the European Commission's proposal for a Regulation of the European Parliament and of the Council on the...more

Do You Have The Right To Be Forgotten?

Most of us want to be remembered. But, depending on their past, some people want to be forgotten – or at least they want some of their past deeds to be forgotten. But do you have a right to be forgotten? In the United States,...more

Progress on Data Protection in the European Union

We may see the final text of the proposed EU General Data Protection Regulation by the end of 2015. In mid-June, the Council of the European Union set forth an agreed general approach to the proposed EU General Data...more

Shooting the Messenger? Websites could face greater liability for third-party content in the EU

Three developments in the last two months suggest websites face greater liability for content authored by third parties in the European Union—including reader comments, posts on message boards and social networks, and search...more

European Union Reaches Agreement Regarding New Data Protection Law

On June 15, the 28 governments of the European Union agreed to a draft Data Protection Regulation that would establish tighter privacy provisions for users of online services – including those provided by U.S. tech companies...more

The French Data Protection Authority Puts Google On Notice To Delist Domain Names Beyond Site’s EU Extensions

One, of course, recalls the May 13, 2014 decision of the Court of Justice of the European Union (CJEU) on the “right to be forgotten”. As a result, the French Data Protection Authority (CNIL – Commission Nationale de...more

The General Data Protection Regulation - Where Are We Now?

To become law, the proposed text will need to be adopted jointly by the European Parliament and the Council of Ministers (i.e. ‘ordinary legislative procedure’). In March 2014, the European Parliament voted in plenary and...more

Status Updates: Errand Apps for Everyone?; A Right to Be Forgotten Update; Your Entire Google Search History

Information wants to be (not quite) free. In its early years, the Internet was often seen as a vehicle for democratizing data, taking information that was previously accessible only to a select few and making it available to...more

Does the E.U. “Right to be Forgotten” Pose a Threat to Companies in U.S.?

Even observed from “across the pond,” the right of European Union (“E.U.”) consumers to compel an Internet search engine to de-link specific personal information of the consumer from certain search results – the “Right to be...more

FRANCE: Right To Be Forgotten – Application Of The Balancing Test Derived From The Google v. Costeja Case

In a December 2014 decision, a French judge ruling in injunctive proceedings gave a new and interesting illustration of how national judges may use the ECJ’s Costeja v. Google case, as well as the related guidelines adopted...more

Delicate balance between right to be forgotten and information access

The right of oblivion (le droit a l’oubli) has a distinctly French air, perhaps more reminiscent of existentialist philosophy than of legal codes. That right, though, is enshrined in French law, providing convicted criminals...more

European Commission and EU Art 29 dispel the myths on the ECJ's decision in Google Spain

In May 2014, we reported on the implications of the landmark decision in Google Spain which recognises the right for individuals to have links about themselves de-listed from search results. In response to the complaints...more

California Strengthens Online Data Privacy And Security Laws

California has enacted three laws, two of which went into effect on January 1, 2015, designed to protect online data security and privacy for residents. The state has expanded its privacy and security laws by (i) requiring...more

International Privacy — 2014 Year in Review — EU

While the last refrains of “should old acquaintance be forgot” fade away from New Years’ Eve celebrations, 2014 may be remembered as the year of the “right to be forgotten” in light of an EU privacy ruling last May. Below we...more

Cybersecurity Litigation Monthly Newsletter

Symantec Corporation, the data security software provider, filed a motion to quash the plaintiffs’ third-party subpoena in the consolidated class action over Target Corporation’s massive customer data breach in late 2013. ...more

Right to privacy still tentative in Japan

The Tokyo District Court has ruled in the case of a plaintiff who claimed his privacy rights had been violated because Google search engine results of his name included news articles suggesting he had a criminal past....more

From the Right to be Forgotten to the Right to an “e-Reputation’’: First Enforceability Ordered by French Court under Penalty

A few months after the European Court of Justice ruled on May 13, 2014 that search engines are considered personal data controllers under the EU Data Protection Directive of 1995 and, as such, should provide data subjects...more

Europe’s Right to be forgotten: update on implementation guidelines

Last week we wrote that the Article 29 Working Party (“Working Party 29?) has adopted guidelines relating to the implementation of the European Court of Justice’s Google ruling on the right to be forgotten. ...more

Sports, Media and Entertainment Intelligence (Global) - December 2014

BRAND REPUTATION - Global: How to protect brand reputation and sales from the risks associated with a product recall - The power of regulatory authorities to order product recalls is growing, meaning that it is more...more

Copyright Implications of a “Right to be Forgotten”? Or How to Take-Down the Internet Archive.

They say the internet never forgets. From time to time, someone wants to challenge that dictum. In our earlier posts, we discussed the so-called “right to be forgotten” in connection with a Canadian trade-secret...more

My Vote for Privacy Person of the Year

There isn’t an official Privacy Person of the Year award. If there were, Edward Snowden almost certainly would have won it last year. Instead, he finished in second place, behind Pope Francis, as TIME Magazine’s 2013 Person...more

New EU Guidelines on “Google Spain”: Right to be Forgotten

The Article 29 Working Party published new Guidelines on the Right to be Forgotten on 26 November 2014. This is the latest chapter in the story which began with the Google Spain case. In that case, the Court of Justice of...more

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