2014-05-21 15:07 GMT+01:00 Cedric Knight <[email protected]>: > Any thoughts on privacy vs free expression in the light of the ECJ > Google ruling? >
Hard to say. The Google Spain case is at the very extreme end in the following sense: the personal data was very old, google's presentation of it was incomplete (in that you would not be aware that the dispute had been resolved), google is the #1 search engine and so a first page personal name search is a really important and also rather special form of presentation of personal data etc. Any other case is likely to be much harder for the data subject to make out, but exactly how hard and to what degree is something we'll have to find out. If what this results in is more work for the ICO and data supervisory authorities in the member states then I think we can live with that. That would critically depend on people being asked to take down being able to refer obvious balance cases like this to the ICO. It could be made to work like that within the framework of the directive. Now, arguably, a "chilling effects" page listing all the take-downs and searchable by name (different balance, so possibly defensible, and maybe defensible as processing for the special purposes of journalism) would be OK and we could then live with a world where google search pages didn't produce skewed summaries of individuals but where anyone doing real research can get hold of it. Or something. But we have only the one - extreme - date point from the CJEU. -- Francis Davey
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